South African citizens have been warned against posting offensive social media comments as this may lead to imprisonment.
“It is not unusual for a person who is found guilty of crimen injuria to be imprisoned in South Africa,” Emma Sadleir, lawyer at Webber Wentzel, told TimesLIVE.
According to Sadleir, racist or other offensive commentary could lead to crimen injuria charges as stipulated by the Equality Act.
She used a local example where jail sentences of three to six months were given because of derogatory language used on social media towards police officials.
Recent examples in 2012 include journalist Lance Witten’s ill-humoured tweet about the death of a Linkin Park fan on Twitter, as well as an anonymous South African’s comment on a friend’s photo on Facebook about his lifestyle choices.
Witten was suspended from the eNews Channel Africa (eNCA), while the sued Facebook user’s High Court order issue lead to the consequences of “interdicting and restraining the respondent from posting any information pertaining to the applicant on Facebook or any other social media”.
Judge Willis, who handled the court case, said: “In our law, it is not good enough, as a defence to or a ground of justification for a defamation, that the published words may be true.
“It must also be to the public benefit or in the public interest that they be published. A distinction must always be kept between what ‘is interesting to the public’ as opposed to ‘what it is in the public interest to make known’.”
Facebook posts, comments, Twitter updates and even retweeting or sharing are all included, and dealt with in a similar manner as quotes in printed publications.
HumanIPO reported last week on the South African Press Council’s inclusion of printed publications in censoring published material.
People are held responsible for what they say in public, including on social media, and can be charged with violation of dignity.
Anonymous online reactors are tracked through e-mail, IP address identification or website handovers if criminal charges from complaints infringing on the Equality Act like unfair discrimination, harassment and hate speech.
Under the Protection from Harassment Act, December 2011 in the country’s parliament, a protection order will be issued against parties involved in online harassment.
Chantal Kisoon, Gauteng Manager at the South African Human Rights Commission (SAHRC), told TimesLIVE complaints are increasing.
“Our laws are quite clear that we are completely allowed to express ourselves, but certain types of expression are prohibited and people are becoming aware of those laws,” she said.
Racial and religious attacks are the top two areas of target.
