The legal implications of defamatory statements on social media platforms in South Africa

Abstract

With the fast pace that technology is currently developing, technology forms a bigger part of our day to day lives. Technological advancement has an impact on all aspects of life, including how we communicate with one another. This has caused an increase in social media usage. South Africa is in no way an exception to this growing trend. The escalation of the use of social media platforms has brought with it the rise in the wrongful use of social media. The growth in wrongful use would lead to the proliferation of legal consequences for defamatory statements with regard to social media situations. The question arises if South Africa‘s current legislation is able to regulate the new phenomena of defamatory statements on social media platforms. The conclusion was reached that South Africa‘s current legislation is more than adequate to regulate this new form of defamation. With the qualification that that judges apply the current legal principles of the law of delict to this new form of defamation correctly. Educating and informing judges, as well as the public is vital in preventing this new form of defamation to become problematic.