by: Judy Wilkins – BA LAW, LLB
To highlight Mental Health Day on 10 October 2022, I was invited to be a part of a panel for the SABC show Expressions regarding the effect of social media and the laws surrounding it.
With social media people want to be part of a group and have connection with others but what is often forgotten is that there are people out there with malicious intent and these people can cause a great deal of emotional, psychological, and even physical harm.
I have found that there is an innocence in some youth and they share too much about themselves to people they don’t know but think they do.
Firstly, it is important to acknowledge that all laws relate to social media, in other words just as you cannot defame a person in the community or you can be sued for defamation likewise you cannot defame someone on social media. In fact, I won the first facebook defamation case to the High Court H versus W 2014. The Court was very clear in that you cannot say things on social media simply because you think people should know what you think. The freedom of speech must be balanced with the rights of people not to be defamed and their right to privacy.
Some people are stalked or harassed on social media and ofcourse especially with the younger generation there is cyber bullying. This is unacceptable remember if you are part of cyber bullying there can be very serious consequences. An example is bullying someone to the point that they commit suicide could result in that person being charged with murder.
It is unlawful to be demeaning, to ridicule or insult someone. It is a criminal offence. Likewise on social media.
The Harassment act is one solution for victims of harassment and cyber bullying- Even when things aren’t said to you but are said about you.
Children under 18 can approach the Court without their parent or an adult if they wish to. To get a harassment order you have to go to the magistrates Court in your area fill out the forms and explain your complaint and an interim order should be granted with a return date when the respondent can argue the matter if they choose to.
It is also important to note that it is now a criminal offense to show intimate photos shared with you in a relationship to any other person and definitely not on the internet.
Although social media can be interesting be careful who you talk to and what you say