‘Name and shame’: What does the law say?
'It is a dangerous game. People could find themselves fired or sued'.
THE concept of ‘naming and shaming’ has become a popular tool on social media to expose the ‘nefarious actions’ of others. We have all seen the photos or videos of bad drivers and people parking in disabled bays.
Two years ago, dozens of residents from Durban North and surrounding areas found themselves in hot water after they allegedly posted street addresses of people who they alleged were illegally firing ‘big bangs’ over the Diwali period.
The details were posted on a popular Facebook page. One of the homeowners is said to have subsequently opened a case of defamation against these residents.
At the time the Northglen News caught up with Verlie Oosthuizen, a social media law expert at Shepstone & Wylie Attorneys in uMhlanga, to gain clarity about what social media users can ‘name and shame’.
According to Oosthuizen, people don’t understand the dangers hidden behind these powerful platforms.
“People seem to think they have the freedom of expression to say whatever they want as it is their ‘personal’ or ‘private’ page, but the truth is nothing on social media is private. Once you put anything online, you should have a low expectancy of privacy for that content, regardless of your privacy settings,” said the Durban North resident.
What’s more, she said, unlike the United States, where its citizens enjoy freedom of speech (which allows them to say almost anything except ‘hate speech’), South Africa has a limited clause for its freedom of expression.
Oosthuizen urged the public to think twice before posting anything online.
“It is a dangerous game. People could find themselves fired or sued. You have to be sure that you have your facts correct, and be sure that what the person is doing is actually illegal. Sometimes something might seem illegal or unethical, but it actually is legit. ‘Public interest’ is also important. Is your content in the interest of the public?” she said.
She also warned against liberally sharing or liking other people’s posts. “A person can even face legal action for liking or sharing a post, because you are essentially agreeing to the content of that post. “Even being tagged in a post could land you in trouble. You must untag yourself if you find yourself linked to controversial posts,” she said.
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