SJD1501 Assignment 7 (Portfolio) 2024 | Due 11 November 2024. All questions answered with references.
Compile a document of no less than 2500 words in which you refl ect on the issues below.
1
. In the case of H v W, Judge Nigel Willis said, "...The law has to take into account changing realit...
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Question 1
1. In the case of H v W, Judge Nigel Willis said, "...The law has to take into account changing
realities not onlytechnologically but also socially, or else it will lose credibility in the eyes of the
people. Without credibility, law loseslegitimacy. If law loses legitimacy, it loses acceptance. If it
loses acceptance, it loses obedience. It is imperative that thecourts respond appropriately to
changing times, acting cautiously and with wisdom."
1.1. The impact of social media on the constitutional right to Privacy in South Africa:
In South Africa, the right to privacy is constitutionally protected under the Constitution of the
Republic of South Africa, Act 108 of 1996. However, with the rise of social media, this right faces
new challenges. Social media platforms have become integral to daily communication, sharing, and
engagement. This growing prominence of digital spaces prompts critical reflections on the
implications of social media on privacy rights, as highlighted by Judge Nigel Willis in H v W. The
legal system must evolve to maintain its credibility and legitimacy by addressing such contemporary
challenges.
1.1.1. Restate the relevant section in the Constitution of SA, Act 108 of 1996, as amended.
The South African Constitution guarantees the right to privacy in Section 14. The section states that
"everyone has the right to privacy, which includes the right not to have:
their person or home searched;
their property searched;
their possessions seized; or
the privacy of their communications infringed."
(Fao.org, 2024)
1.1.2. Discuss the impact of social media on the constitutional right to Privacy.
Social media impacts the right to privacy by making it easier to share and disseminate personal
information widely and quickly. This ease of sharing can lead to situations where individuals
unknowingly or unintentionally infringe on their own privacy or the privacy of others by posting
defamatory or personal content. South African courts have responded to these changing realities by
issuing interdicts and ordering the removal of defamatory content from social networks.
(Study Guide - Page: 16)
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