Data Protection "D-Day"

People were complaining about the dozens of emails they received last week informing them that international companies were updating their privacy policies and asking them to verify information due to the GENERAL DATA PROTECTION REGULATION taking effect in the E U.

29 May 2018

Netflix Controversy - Media Update

The Independent Communications Authority of South Africa (“ICASA”) held public hearings about TV subscription services and the “Netflix phenomenon” was firmly in the spotlight.

15 May 2018

You are fired - Social Media Update

We have been warning people for years that they should be very careful about the things that they post on their Facebook pages if they want to keep their job

09 Apr 2018

Twitter Wars & the Hate Speech Bill

The new Prevention and Combating of Hate Crimes and Hate Speech Bill which has been approved by cabinet for consideration by parliament. In terms of this new Bill, the criminalisation of hate speech is introduced into our law which has far reaching consequences.

22 Mar 2018

Revoking University Degrees for Online Behaviour

We have all been warned that our current online behaviour may have a detrimental effect on our future, however there is now a possibility that it can have a disastrous effect on our past achievements.

06 Mar 2018

Catfishing and Online Extortion - Urban Legend or Real Concern

It appears that there are syndicates operating in the country using this form of trickery to extract vast amounts of money from people. “Catfishes” will be removed by social media platforms if they have pretended to be you and you report them with the images that they have made.

06 Feb 2018

Social Media and Domestic Violence

The sad tale, which has become far too common place these days, of a relationship gone badly wrong resulting in the scorned lover turning to Facebook to humiliate his ex.

23 Jan 2018

Don't Let Black Friday Become Black December

Your credit card can be used without it being stolen out of your wallet… online accounts can be hacked… don’t let your November shopping turn into a December nightmare.

21 Nov 2017

Social Media Reaction to Fees Commission

President Zuma announced the findings of Judge Heher who chaired the Fee Commission. The reaction to the report on social media was swift and many of the comments expressed great disappointment in the findings.

14 Nov 2017

Is There Ever an Excuse for Piracy?

In the last few days a PDF version of the Jacques Pauw bestseller The President’s Keepers, has been circulating on Whatsapp. It seems that the public were concerned that the book would be pulled from the shelves and so a “pirated” copy was spread virally.

07 Nov 2017

Social Media Plans Gone Wrong

It is often very difficult to anticipate how the audience will interpret an advert or whether it will cause offence.

10 Oct 2017

The Shock Value of Viral Videos

It is important to remember that the social media universe should not play the role of the police and prosecutor and judge regarding crimes that they perceive have been committed and documented on platforms such as Facebook.

12 Sep 2017

Social Media Detective Work

Parents need to realise that teenagers are sometimes too immature to handle what they are presented with online and it can lead to incredible danger. Educate them on the pitfalls.

29 Aug 2017

Social Media and School Protests

Recently high schools have been the sites of protests where significant assistance in organising pupils and getting their message across has been provided by social media.

22 Aug 2017

Cyberstalker Convicted

This case makes it clear that the criminal courts are taking this type of behaviour seriously and it is not just the risk of civil claims that cyber stalkers face when engaging in these types of actions.

04 Jul 2017

Brand Damage on Social Media

There is no doubt that the social media space is vital for marketing in this day and age but when things go wrong they can quickly spiral out of control and it is very difficult to have a strategy in place that anticipates all of these issues.

20 Jun 2017

Social Media & Schools

Schools will often be placed in the spotlight when one of their learners does something silly on social media.

13 Jun 2017

Admission Revoked - Social Media Update

Young people in South Africa are starting to secure their places in Universities for the coming years and would be well advised to be very careful not to make the same mistakes as these students in the USA.

06 Jun 2017

Email Snoops: Social Media Law Update

In terms of the Regulation of the Interception of Communications Act (RICA), you are allowed to “intercept” communications such as emails if you are a party or recipient of that email.

30 May 2017

Social Media Update: #Bluewhale

There are certainly many dangers on social media which can undoubtedly cause harm to young teens which deserve the focus and attention of the public such as cyber bullying or sexting or other unlawful activity.

16 May 2017

The South African Human Right Commission: National Hearing on Racism and Social Media

Recently the South African Human Rights Commission held a national hearing on Racism and Social Media. The Department of Justice, the National Prosecuting Authority, Facebook, academics, civil society organisations such as the Freedom of Expression Institute, FW de Klerk Foundation, Afriforum and journalists presented their thoughts on the increasing incidence of online racism.

08 May 2017

Arbitration Awards, CCMA Referrals and Prescription – What Does the Constitutional Court Say?

The Constitutional Court recently handed down judgment in the case of Mogaila v Coca Cola Fortune (Pty) Ltd, finding that an arbitration award does not prescribe in terms of the Prescription Act. The Court made this finding in line with Myathaza v Johannesburg Metropolitan Bus Services (SOC) Limited t/a Metrobus (where a divided court reached the same conclusion, with none of them holding the majority).

05 May 2017

Social Media Update: Targeting Teens

Facebook came under fire in Australia recently when an internal Facebook analysis was leaked in which Facebook reported that it can monitor when users are feeling inter alia, 'overwhelmed', 'defeated' and 'stressed', and this information can be used by advertisers to target their campaigns.

02 May 2017

Social Media Update - Jailing Social Media Trolls

In South Africa there is no specific legislation that criminalises online harassment although victims can approach the Magistrates’ Court for a harassment order. That order will not result in jail time for a perpetrator unless it is breached

22 Nov 2016

Social Media Update: #Matricmadness

Many Grade 12 pupils are already on study leave with the final exams looming. Every year there are stories of over exuberant teenagers getting too excited too soon and doing something stupid before writing their final exams.

25 Oct 2016

Social Media Law Update - Complaining via Social Media

“Naming and shaming” on social media is an increasingly popular way for people to complain - however there is a risk to using social media to complain about professional people such as doctors and attorneys.

12 Oct 2016

Social Media and the Stars

Take time to think before you 'tweet'. Sound advice on safely using social media to promote your brand.

27 Sep 2016

Social Media Law - Keep Family Matters Offline!

During divorce or custody matters, it is unlawful to publish any information which could reveal the identity of any child who is the subject of court proceedings in the Children’s Court.

30 Aug 2016

Social Media Law Update: Olympic Fever - Sports Experts

In an Olympic year it seems that every person is a sports expert, but one has to be very careful about the way that you share your opinions on social media, especially if you are just a passionate sports fan and not an expert.

16 Aug 2016

Social Media Update: No Selfies with your Ballot!

Local Government elections on Wednesday 3 August are definitely a significant day on our calendar, however, did you know that it would be an offence to share a picture of your ballot on social media?

02 Aug 2016

When Gareth Cliff Sued M-Net - Reputation Management and Social Media

Social Media, the consequences of using Social Media and the law applicable to Social Media use have all come under the spotlight in recent months on the back of certain individual’s controversial social media posts and the subsequent termination of their work contracts. A high profile example of this was the cancellation of Gareth Cliff's Idols judging contract by M-net after he tweeted a comment that was viewed unfavourably by the general public in the wake of the Penny Sparrow furore.

18 Feb 2016