Social media – play it safe
INFORMATION communicated
on social media is
instantaneously shared
across the globe, making the
impact of such content far
reaching, whether positive or
negative.
The latter is the issue I will
be addressing in this and
subsequent publications.
This week I will focus on
defamation, defined by
Wikipedia as the infringement
of one’s reputation or good
name.
To pay it safe, social media
users need to comply with
the terms of the social media
platform; make sure they are
with the code of conduct of
any employer or association
they are a member of; and
the laws of the country.
There are the rules or terms
and conditions pertaining
to each form of social
media. In terms of FGASA
(Field Guides Association of
Southern Africa), there is a
comprehensive COC and the
following aspects impact on
the use of social media:
yCompliance with the
constitution and laws
y Treat people with respect
y Avoid insensitive and
irresponsible behaviour
yBe tactful.
The South African
Constitution enshrines
freedom of expression
(section 16), but this must
be balanced (by the courts)
with the right to maintain
one’s reputation and dignity
unblemished and that of
privacy (section 14). See
the case of Herholdt v Wills:
‘Facebook is fraught with
dangers especially in the
field of privacy’ and therefore
the Court agreed that by
intervening it may have a
positive effect on the use
of Facebook. The Court
stated that ‘the tensions
between every human
being’s constitutionally
enshrined rights to freedom of
expression and dignitas is all
about balance’.
Each form of social media
has its own terms and
conditions. For example,
Facebook has a ‘Statement of
Rights and Responsibilities’
including a ‘Data Policy’ which
includes its ‘Privacy Basics’.
It should also be noted that,
in the US, Congress (1995)
passed the Communications
Decency Act, which protects
Internet Service Providers
and website hosts from
defamation claims.
More about this and the
T&C of other forms of social
media next time.
