This document contains workings, explanations and solutions to the SJD1501 Assignment 7 (QUALITY ANSWERS) Semester 1 2024. For assistance call or us on 0.6.8..8.1.2..0.9.3.4........ 1. In the case of H v W, Judge Nigel Willis had this to say "...The law has to
take into account changing realities ...
1.1. (2 ANSWERS PROVIDED)
Social media has had a significant impact on the constitutional right to privacy
in South Africa. With the widespread use of social media platforms, individuals
are often sharing personal information and experiences with a large audience,
potentially compromising their right to privacy. This has led to an increased risk
of privacy breaches, cyberbullying, and the dissemination of sensitive
information without consent. Additionally, social media companies often collect
and use personal data for targeted advertising and other purposes, raising
concerns about the protection of individuals' privacy rights. As a result, the
courts are facing the challenge of interpreting and applying constitutional
privacy rights in the context of rapidly advancing technology and changing
social norms. It is imperative for the courts to respond appropriately to these
challenges to protect and uphold the right to privacy in the digital age.
OR
Social media's impact on the right to privacy under the Constitution of the
Republic of South Africa, 1996, is profound and ambivalent. While social media
platforms have revolutionized communication, enhancing freedom of
expression and association, they have simultaneously posed significant
challenges to privacy. These platforms collect vast amounts of personal data,
often without explicit user consent, leading to potential misuse, unauthorized
data sharing, and surveillance.
Furthermore, the ease with which information can spread on social media
means that once-private matters can become public within moments, often
irreversibly. This reality tests the limits of the constitutional right to privacy,
demanding a legal response that balances the competing interests of privacy
and freedom of expression. It necessitates a nuanced approach to privacy
rights in the digital age, recognizing the need for updated legal frameworks to
protect individuals in a way that retains the law's credibility and legitimacy.
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