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The internet is no longer a place with zero consequences, and things that happen online no longer stay online – even just sharing a message can land you in a sticky situation, says Michael Visser, a legal advisor at Legal&Tax.
South Africa has joined the global trend of taking a strong stance on what is allowed to take up a place in the cloud, with rules and regulations being imposed very recently.
Nowadays, anyone with a smartphone and their two cents to share, whether it’s nice or not, because there is the idea that the internet has no consequences, said Visser.
However, things have changed. Visser said that sharing certain types of messages over platforms like WhatsApp, TikTok, Facebook, Twitter and Instagram can now land you in serious trouble in South Africa.
In 2019, amendments were made to the Films and Publications Act (FPA) as well as a boost is given to the Film and Publication Boards budget of R120 million to tackle misconduct better online.
“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 do have the right to freedom of speech, we do not have the right to freedom from 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.”
The legal advisor added these once-popular online crimes now come with some serious downsides. Sharing the following could lead to dire consequences:
Nude images of a person you previously dated
Between the amended FPA and the ambit of 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 – nude or not – said Visser.
“This includes personal identifiers, such as phone numbers, addresses, medical details and images that may suggest these details.”
He added that, even if you are under 18 years old, if the subject in a picture is under 18 years old, you can be charged with the distribution of child pornography.
Threats of violence and/or bullying
In South Africa, it is just as illegal to threaten someone online as it is to threaten them face to face or in a letter.
Many people have gotten away with this before because tracking usernames and handles was a bit beyond the law, but not anymore, said Visser.
“Online bullying and violent threats that were committed anonymously will be traced, and the perpetrators caught and charged.”
Inciting public violence
If you act or communicate in such a way that can reasonably be expected to illicit a violent reaction, you can be charged under Section 17 of the Riotous Assemblies Act, no 17 of 1956.
This applies even if you were joking as the law does not care about your intention, said Visser. If your actions (online or not) lead to public violence, you will be charged with the above.
Complaining about your boss
Depending on what you exactly say, you can end up being guilty of defamation, said Visser. With the speed at which commentary can spread on social media, it could get out of hand fast.
“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 allowed, said the legal advisor.
These posts have flourished online under the guise of “free speech”, but there are now enough precedents, as well as the capability to investigate, to ensure that punitive fines or even jail time are levelled against transgressors.
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