Faizel Patel, Radio Islam News – 21-09-2018

A social media expert has told Radio Islam that people can be held criminally liable if messages sent by error on WhatsApp groups are forwarded with the deliberate or ill intention of exposing the person that sent the message.

Some of the highest-profile social media scandals in South Africa were the result of posts in closed WhatsApp groups which were later shared publicly.

These include Margaret van Wyk’s nude selfie which was posted by accident in a school hockey group, and Adam Catzavelos’ racist rant which was sent to a WhatsApp group.

Verlie Oosthuizen, a legal expert, partner and head of social media law at Shepstone & Wylie law firm says if there is any intention that a user lowers somebody else’s reputation that person can face criminal and civil cases.

“If you know that their reputation is going to be damaged, if you send that message out, then you could be lowering their reputation in the eyes of others and that could fall within the crime of crimen injuria.”

Oosthuizen says it doesn’t matter if a person has good intentions for forwarding the message including using the disclaimer “as received” as it doesn’t absolve anyone from responsibility because once they sent the message its part of the chain of publication.

“It might matter if there is a defamation claim and you can say it was in the public interest and it’s true. But we are talking about a situation where a person is criminally liable.”

Oosthuizen says that while there isn’t anybody monitoring the transgressions on social media, there may be other aggrieved users could report the indiscretions to authorities.

Listen to the interview with Verlie Oosthuizen…

Twitter: @FaizelPatel143