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  • cyber crime web South Africans who use social media platforms will soon have to be much more careful and think twice before posting on social media

    At The Legal Advice Office; we receive enquiries from time to time about defamatory posts having been posted on various platforms and requests for assistance as to what one can do in those circumstances.

    Clearly, some of these posts are defamatory and the Law of Defamation can be utilised to protect one's good name and reputation.

    However the government authorities are also aware of this increasing trend and have promulgated the Cyber Crimes Bill; and as a result, one must be careful as to what one posts these days as malicious messaging over social media could soon send you to prison.

  •  Facebook fight 2

    Simply to say that the allegation you make is the truth is NOT Enough.

    In a defamation action between two parties where the one (A) has defamed the other (B); the defending party (A) can raise the defence of TRUTH ie “what I said was the truth.”

    This does NOT necessarily apply to social media defamation.

     Let us take an example:

    Perhaps you are engaged in a bitter dispute. Perhaps it’s a fight over money, a business venture gone awry, a family feud, or a messy divorce, a disaffected employee, or perhaps a vengeful neighbour.

     You decide to resort to Social Media “to tell the truth” about your nemesis. You feel totally safe doing so – after all, our Constitution protects our rights to free speech, the Internet is a bastion of Freedom of Information, nothing said online is “real”, and anyway who can object to you telling the truth? Wrong!

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Legal Advice Office

South Africa

Kandelaar Street, Vermont, Hermanus
Phone: +27 (028) 316 2458
Email: info@legaladviceoffice.co.za