Exam (elaborations)
SJD1501 Assignment 7 Portfolio 2024| Due 11 Nov 2024
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SJD1501 Assignment 7 Portfolio 2024
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Opens: Friday, 1 November 2024, 8:00 AMDue: Monday, 11 November 2024, 8:00 PM
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1. In the case of H v W, Judge Nigel Willis said, "...The law has to take into account
changing realities not only technologically but also socially, or else it will lose credibility
in the eyes of the people. Without credibility, law loses legitimacy. If law loses
legitimacy, it loses acceptance. If it loses acceptance, it loses obedience. It is imperative
that the courts respond appropriately to changing times, acting cautiously and with
wisdom."
With that in mind:
1.1 The impact of social media on the constitutional right to Privacy in South Africa:
1.1.1 Restate the relevant section in the Constitution of SA, Act 108 of 1996, as
amended. (1 mark)
1.1 The Impact of Social Media on the Constitutional Right to Privacy in South Africa
1.1.1 Restating the Relevant Section in the Constitution of SA, Act 108 of 1996
Section 14 – Privacy
Everyone has the right to privacy, which includes the right not to have:
(a) Their person or home searched;
(b) Their property searched;
(c) Their possessions seized; or
(d) The privacy of their communications infringed.
, This section guarantees individuals the right to protect their personal lives and private
communications from undue interference. It lays the foundation for the scope of privacy
as a constitutional right in South Africa.
1.1.2 The Impact of Social Media on the Right to Privacy
The right to privacy, as enshrined in the South African Constitution, faces unique
challenges in the modern digital age, particularly due to the rise of social media
platforms. Social media has redefined communication, making it instantaneous, widely
accessible, and often unfiltered. However, this transformation comes with significant
implications for personal privacy.
1.1.2.1 Data Sharing and Consent
Social media platforms like Facebook, Instagram, Twitter (X), and TikTok thrive on user-
generated content, which often includes personal information, photos, locations, and
more. While users voluntarily share this information, they may not fully comprehend the
extent to which their data is being stored, shared, or sold to third parties for advertising
and other purposes. In essence, while users consent to the terms of these platforms,
there is a growing debate on whether this consent is fully informed, as privacy policies
can be lengthy and difficult to understand.
Further, even if a user deletes their account or content, there is often no guarantee that
their data is fully erased from the platform’s servers. This raises concerns about the
erosion of the individual's ability to control their personal information, directly impacting
their constitutional right to privacy.
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