Social Media and Cybercrime – what does South African legislation say?

The first thing to remember is that once one person has seen any content that you have uploaded on social media, it is considered ‘published content’, which carries similar legal consequences as having been published in a newspaper or broadcast on television.

When you post someone’s private information or photographs on social media without their consent, you are in breach of the POPI Act. The Protection of Personal Information Act 4 of 2013 establishes minimum standards regarding accessing and processing of any personal information belonging to another person. It is the most comprehensive data protection law in South Africa.

Internet and social media users should engage on social media with caution and be aware of the potential consequences of posting inappropriate or offensive content online.

• Content that targets an individual or an organisation could provide grounds for defamation claims, where the person affected may sue the other for damages.
• Employers may take disciplinary action against an employee who has posted or shared inappropriate content or hate speech.
• The Human Rights Commission may lay a criminal charge for content that contravenes the Constitution, which could result in hefty fines or time spent in jail.

Before making a post, consider the following:

? Do not disclose any personal information on social media.

? Monitor privacy settings on social media regularly.

? Keep all posts legal, ethical, respectful and mindful.

? Do not use social media as a platform to provoke other people.

? Only make accurate, true and non-confidential?posts.

? Do not make, like/react, comment on or share any defamatory post about another person.

? Take steps to be untagged/disassociated from any defamatory post about another person.

Fortunately, when it comes to social media liability exposure, there are risk and insurance solutions available for both individuals (and their families) and businesses.

Is your data safe? Cybercrime encompasses?a wide range of criminal activities that are carried out using digital devices and/or networks. These crimes involve the use of technology to commit fraud, identity theft, data breaches, computer viruses, scams, and expanded upon in other malicious acts. Companies housing large amounts of personal data are at high risk of a cyberattack.

Cybercrime is on the increase; it is a trending topic in law and the Cybercrimes Act 19 of 2020 recognises cybercrime by codifying offenses and consolidating

cybercrime laws in one place. It creates cybercrime offences and prescribes penalties related to cybercrime. The Cybercrimes Act provides legal recourse to those victimised by a cybercrime act. We can also be guided by the Constitution and court judgments as to what is allowed to be done on social media or not.

To help prevent cybercrime, it should be made top priority to ensure that data regimes are robust, and it is of paramount importance to keep personal information safe.