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Given what we’ve unpacked regarding what consumers need to know about the right to privacy and how to protect themselves, we also seek to bring visibility to posting unverified or false information about others. The digital era has completely changed how people produce and consume content in both traditional media and social media. In a world where spreading misinformation is as easy as a retweet, or share, it is important that we educate ourselves about the harmful nature of sharing unverified news and posting sensationalist information or you could end up with serious legal consequences.

What is sensationalism?

According to the Collins dictionary, it is “the presenting of facts or stories in a way that is intended to produce strong feelings of shock, anger, or excitement”. Although sensationalism is a phenomenon commonly used in journalism and media, in the digital era we also see an increased number of people using sensationalism in their social media posts. Either way, the aim is to arouse intense emotional responses and garner many likes, retweets, and shares. Tactics are the same and may include clickbait headlines, being deliberately obtuse and controversial, omitting facts and information. There could be various reasons for choosing the route of sensationalism but these are the common ones.

1. Attract a great number of readers
2. Increasing viewership on YouTube
3. Increasing followers on Twitter/Instagram/Facebook
4. Instant fame

Perhaps a more colloquial and familiar term for sensationalism is “clout chasing” which Urban Dictionary defines as “when a person tries to earn undeserved fame, via many things including spam, advertisement in places that you’re not meant to, starting drama with the goal of boosting yourself, etc”.  To not become a victim of sensationalism or clout chasing, it becomes your responsibility to ensure that you share correct information on social media. Below are a few ways to stop sensationalist sharing on social media:

1. Look for news articles from reputable sources
2. Before sharing a social media post, check whether it is shared in such a way that is fair and respectful to the subject matter

Can your social media post get you into trouble?

The simple answer is yes. You need to remember that a social media platform isn’t necessarily the place for you to say and do as you please; in fact, there could be some serious legal consequences for certain posts, uploads, and comments. If what you post on Twitter,Facebook or Instagram is defamatory in nature, it is very possible to end up with a lawsuit.

Defamation and the possible criminal charges

Defamation can be seen as any wrongful, intentional publication of words or behaviour relating to another person that injures or demeans their status, good name, character or reputation. As much as we have freedom of speech in South Africa but the constitution clearly states that “The right does not extend to propaganda for war; incitement of imminent violence; or advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm”. At the beginning of 2018, South Africa saw one of the biggest cases of defamation charges filed by celebrity couple Basestana and Romeo Khumalo against individuals who were spreading rumors on social regarding an inappropriate video featuring another local celebrity. In more recent times media icon Bonang Mathebe sued the local podcaster Rea Gopane, for defamation of character for something he shared to his audience about her based on a rumour he heard. Therefore, any posts that violate the constitution can land you in very hot water and no one is above it.

Below are some social media conditions to be aware of from LIPCO Legal Services:

Facebook

• You may not bully, intimidate, or harass any user.
• You may not post content that: is hate speech, threatening, or pornographic; incites violence or contains nudity or graphic or gratuitous violence.
• You will not post content or take any action on Facebook that infringes or violates someone else’s rights or otherwise violates the law.

Twitter

• You may not incite or engage in the targeted abuse or harassment of others.

Instagram

• You are responsible for any activity that occurs under your screen name.
• You must not abuse, harass, threaten, impersonate or intimidate other Instagram users.
• You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post, and display on the Instagram service. Depending on the severity of the case, you might just receive a warning and be asked to remove the post, or if a post is deemed offensive, your profile could be deleted.

Social media tip:

Think before you share and think before you post. Always ask yourself, “is what I’m posting factual, and can it be substantiated by proof?”If not, rather don’t post it. At the end of the day, it is imperative that you are aware of what you post and make it public on social media as it can have negative consequences. It all boils down to making responsible choices.

Last week we published an article on the phenomenon of personal data as a commodity where we cautioned individuals on what they need to know before sharing personal data online. Now that you are familiar with cookies, personal data, and data breaches – it is time to consider the laws surrounding data mining and how you can protect yourself against data breaches.

The Right To Privacy

Section 14 of the Bill of Rights guarantees the right to privacy. Section 14(d) provides that everyone has the right to privacy, which includes the right not to have the privacy of their communications infringed.

According to University of Pretoria law lecturer, Dr. Lukman Adebisi Abdulrauf, the right to data privacy considers an individual’s right to control his personal information, control who accesses it, and what it can be used for. Excessive influence on people’s privacy has the potential to both, directly and indirectly, limit the free development and the exchange of ideas.

Because of rapid advances in technology that threaten to infringe on this right and data mining which allows companies to turn our personal information into a useful commodity, the government has a duty to ensure the protection of the right to privacy. This duty also extends to private actors, individuals, and private business entities as it obligates them to not infringe on this right.

POPIA

The conversation around data privacy has resulted in the enactment of data legislation that acts to deter infringements on the right to privacy. The most noteworthy being the Protection of Personal Information Act (POPIA). POPIA comes into effect on July 1 and provides for a 12-month grace period for companies to be compliant.

According to the preamble of the Act, POPIA is premised on the following principles:

1. Promote the protection of personal information processed by public and private bodies.
2. Introduce certain conditions aimed at establishing minimum requirements for the processing of personal information.
3. Provide for the establishment of an information regulator.
4. Provide for the rights of persons regarding unsolicited electronic communications and automated decision making.
5. Regulate the flow of personal information across the borders of the Republic.
6. Provide for matters connected to what the Act stands for.

POPIA provides much needed conditions for the lawful processing of personal data of South Africans. The Act recognises that the right to privacy includes a right to protection against the unlawful collection, retention, dissemination and use of personal information.  

Since the allowance to process data is so wide – it is imperative to understand your rights as the data subject.

Rights Of The Data Subject

Section 5 of the Act is the provision for the rights of data subjects and provides that a data subject has the right:

1. To be notified that personal information about them is being collected, provided or has been acquired.
2. To request access to their personal information from the holder
3. Where necessary, to request the correction, destruction, or deletion of their personal information.
4. To object, on reasonable grounds, to the processing of their personal information
5. Not to be subject to a decision solely based on automated processing of their personal information.
6. To submit a complaint to the Regulator regarding an alleged interference
7. To institute civil proceedings regarding an alleged interference with the protection of personal information

For the lawful processing of personal data, the Act provides eight conditions to companies, namely:

1. Accountability
2. Processing limitation
3. Purpose specific processing
4. Further processing limitation
5. Information quality
6. Openness
7. Security safeguards
8. Data subject participation.

Compliance With The Act

To make sure companies are compliant with the principles of the Act and in turn, the right to privacy – the Act provides that they must:

• Obtain consent before collecting data.
• Only collect data needed for a legitimate purpose.
• Take reasonable steps to protect the integrity of the information.
• Store the information only for as long as it is required.
• Provide access and corrections to data subjects’ information.
• Create policies to notify the Information Regulator about your privacy policy (see the Career Wise Privacy Policies).

Direct Marketing

Nowadays complaining about the persistence of telemarketers has become a regular part of many conversations. Direct marketing means approaching a data subject, either in person or by mail or electronic communication for the direct or indirect purpose of either promoting or offering to supply goods or services or requesting a donation of any kind. One of the most relevant aspects of POPIA is that it provides South Africans with rights regarding direct marketing.

As per section 69 of the Act, companies are permitted to engage in the processing of personal information for direct marketing only if the data subject has given consent or they are a customer of the company.

Conclusion

POPIA is expected to ensure fair, ethical, and safe data processing. Companies need to make sure they are compliant and we, as data subjects, need to stay clued up on the law to guard against any form of exploitation.