According to Michael Visser, a legal advisor at Legal&Tax, the internet is no longer a place with no consequences, and things that happen online no longer stay online – even sharing a message can land you in hot water.
South Africa has recently joined the global trend of taking a strong stance on what is permitted to take up a place in the cloud, with rules and regulations imposed.
According to Visser, “anyone with a smartphone and their two cents to share, whether it’s nice or not,” because there is the misconception that the internet has no consequences.
But things have changed. According to Visser, certain types of messages shared via platforms such as WhatsApp, TikTok, Facebook, Twitter, and Instagram can now land you in serious trouble in South Africa.
In 2019, the Films and Publications Act (FPA) was amended, and the Film and Publication Board’s budget was increased by R120 million to better combat online misconduct.
“Our Film and Publications Board (FPB) has been given the mandate, for the first time in its history, to do much more than just classify content.
“It is now a regulatory body with an enforcement tribunal on the cards, and that hefty budget will finally allow proper investigation of online crimes, allowing the tracking and tracing of their sources,” said Visser.
While we have the right to free expression, we do not have the right to be free of consequences.
“Even if you didn’t write the comment or post the picture, sharing it makes you a responsible party. Under the amendment to the FPA, if you choose to publish – this can mean posting to your timeline, your WhatsApp groups, etc – (messages that violate the regulations), you are complicit in the contravention of the rights of the individual or individuals indicated in the content.”
According to the legal advisor, these once-popular online crimes now have serious consequences. Sharing the following information could have disastrous consequences:
Nude images of a person you previously dated
According to Visser, under the amended FPA and the Protection of Personal Information Act (POPIA), you may not publish any photographs or personal details to public platforms without the subject’s express permission – naked or not.
“This includes personal identifiers, such as phone numbers, addresses, medical details, and images that may suggest these details.”
He went on to say that even if you are under the age of 18 if the subject of a photograph is under the age of 18, you can be charged with the distribution of child pornography.
- Threats of violence and/or bullying
Threatening someone online is just as illegal as threatening them face-to-face or in writing in South Africa.
Many people used to get away with it because tracking usernames and handles was illegal, but that is no longer the case, according to Visser.
“Online bullying and violent threats that were committed anonymously will be traced, and the perpetrators caught and charged.”
- Inciting public violence
You can be charged under Section 17 of the Riotous Assemblies Act, No 17 of 1956 if you act or communicate in a way that can reasonably be expected to elicit a violent reaction.
This applies even if you were joking, as the law is unconcerned about your intent, according to Visser. If your actions (online or otherwise) result in public violence, you will face the charges listed above.
- Complaining about your boss
According to Visser, depending on what you say, you could be charged with defamation. With the speed with which social media commentary can spread, things could quickly get out of hand.
“Not just getting back to your employer, but if your remarks include the business, and they are able to prove loss of earnings as a result, that business can name you in a civil suit for damages, which you may have to pay.”
- Hate speech
Racist, sexist, and bigoted content is not permitted, according to the legal advisor.
These posts have thrived online under the guise of “free speech,” but there are now enough precedents, as well as the ability to investigate, to ensure that transgressors face punitive fines or even jail time.
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