Can you get into trouble for liking or sharing a post online in SA?
There are common misconceptions surrounding whether only the author of a social media post will face legal repercussions, or whether people that liked or shared the post can also face punishment, according to insurance brokers RBS.
“In law, every person has the right to a good name and reputation, which is the respect and status he or she enjoys in society. Any action that has the effect of injuring a person’s status in the community is defamatory, and the doer may therefore be held liable,” said Johannes du Plessis, legal advisor at RBS.
This liability includes defamation committed by way of sharing videos, pictures, jokes, remarks or general information about a person via social media.
“According to case law, it is irrelevant whether the defamatory allegation is true or false. It also does not matter whether the defamatory material originated from you, or whether you simply repeat, confirm, share, or even draw attention to it. You are still at risk of being held liable,” said du Plessis.
The law
According to du Plessis the only question is whether, in the opinion of a reasonable person, the reputation of the person has been injured.
“It is thus an objective approach. In a civil case, a person may be liable for intentionally or negligently injuring defamed persons’ good name, reputation and dignity. In a criminal case, a person may be criminally liable for intentionally injuring defamed persons’ good name, reputation and dignity.”
“All persons who shared a defamatory item may be jointly and severally liable in solidum for the same damage, according to the Apportionment of Damages Act. An employer may also be held liable for the defamatory actions of an employee.”
Punishment
“This is not a hypothetical discussion, and South African courts have already seen cases where people’s social media activity had cost them, warned Du Plessis.
“The courts have ordered individuals, whom the court held to have defamed another person on social media, to pay tens of thousands in compensation for the damage.”
“Always remember that it is very easy for you to be held liable for defamation by means of social media. So do not put yourself at risk by posting, sharing or even calling attention to defamatory material on social media.”
Read: When you can – and can’t – legally record someone in South Africa
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