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.<\/p>\n
\u201cIn 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\u2019s status in the community is defamatory, and the doer may therefore be held liable,” said Johannes du Plessis, legal advisor at RBS.<\/p>\n
This\u00a0liability includes defamation committed by way of sharing videos, pictures, jokes, remarks or general information about a person via social media.<\/p>\n
\u201cAccording 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,\u201d\u00a0said\u00a0du Plessis.<\/p>\n
According to du Plessis the only question is whether, in the opinion of a reasonable person, the reputation of the person has been injured.<\/p>\n
\u201cIt is thus an objective approach. In a civil case, a person may be liable for intentionally or negligently injuring defamed persons\u2019 good name, reputation and dignity. In a criminal case, a person may be criminally liable for intentionally injuring defamed persons\u2019 good name, reputation and dignity.\u201d<\/p>\n
\u201cAll 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.”<\/p>\n
\u201cThis is not a hypothetical discussion, and South African courts have already seen cases where people\u2019s social media activity had cost them, warned Du Plessis.<\/p>\n
“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.”<\/p>\n
\u201cAlways 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.”<\/p>\n