Social media is very popular and powerful platform and one wrong post or picture might be very detrimental to a person’s career or have detrimental financial implications towards the wrongdoer.

Case law is very clear on the topic mentioned above, once a person makes defamatory statements which entices negatively upon the victim’s dignity or image, the victim may institute civil legal action claiming damages against the wrongdoer in that regard. Defamation of character may be described as a statement made wrongfully with the intention of harming or damaging someone’s character or reputation. The onus subsequently lies with the victim to prove to the court that the statement made was in a wrongful manner with mala fide intention, any damages suffered is not necessary to be proved by the victim. In his/her defense, the wrongdoer might state that the said statement was in the public interest and not wrongful in any way. The test being used in wrongfulness is objective “reasonable person” test. It is also a legal requirement that the statement must have been published, meaning that the statement must have been on an online platform, newspaper or magazine, or even conveying same upon a third party amounts to publication.

The South African Constitution makes provision for freedom of speech, however, in terms of Section 36 of the Constitution, that right is limited and anything defamatory to another person may lead to legal action being taken against that person. However, this might be a bit different when it comes to public figures as they are more vulnerable to criticism and also defamatory statements. With that being said, they don’t enjoy the same affordability of right the same way an ordinary citizen might do.

Therefore, in light of the above stated, be careful what you post or say about ohther people as it might land you in hot water, both criminally and in a civil way.