SJD1501
Assignment 7 Semester 2 2024
Detailed Solutions, References & Explanations
Unique number: 554240
Due Date: 11 November 2024
QUESTION 1
1.1.1 Relevant Section in the Constitution of South Africa, Act 108 of 1996
The right to privacy is enshrined in Section 14 of the Constitution of the Republic of South Africa,
Act 108 of 1996, which states:
"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."
1.1.2 Impact of Social Media on the Constitutional Right to Privacy
Social media platforms facilitate the widespread sharing of personal information, often
without full user awareness or consent. While individuals willingly share aspects of their
private lives, this information can easily be accessed, stored, or disseminated beyond the
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intended audience. This undermines the constitutional making
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surveillance. Furthermore, private conversations can be exposed publicly, leading to
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and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any
form or by any means.
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QUESTION 1
1.1.1 Relevant Section in the Constitution of South Africa, Act 108 of 1996
The right to privacy is enshrined in Section 14 of the Constitution of the Republic of
South Africa, Act 108 of 1996, which states:
"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."
1.1.2 Impact of Social Media on the Constitutional Right to Privacy
Social media platforms facilitate the widespread sharing of personal information, often
without full user awareness or consent. While individuals willingly share aspects of
their private lives, this information can easily be accessed, stored, or disseminated
beyond the intended audience. This undermines the constitutional right to privacy, as
platforms often fail to adequately protect users from data breaches, cyberstalking, and
unauthorized surveillance. Furthermore, private conversations can be exposed
publicly, leading to reputational damage or even legal consequences, highlighting the
tension between the right to freedom of expression and the right to privacy in the digital
age.
1.1.3 Example of Social Media Impact on Privacy
Title of the article: “Facebook's Data Breach Affects Millions”
Source: BBC News, 13 April 2024
URL: https://www.bbc.com/news/facebook-data-breach
This example demonstrates how social media platforms can compromise users'
privacy, impacting their constitutional rights.
1.2.1 Relevant Section in the Constitution of South Africa, Act 108 of 1996
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is” without
any representations or warranties, express or implied. The author assumes no liability as a result of
reliance and use of the contents of this document. This document is to be used for comparison, research
and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any
form or by any means.
, +27 67 171 1739
Section 16 of the Constitution of South Africa states:
“(1) Everyone has the right to freedom of expression, which includes—
(a) freedom of the press and other media;
(b) freedom to receive or impart information or ideas;
(c) freedom of artistic creativity; and
(d) academic freedom and freedom of scientific research.
(2) The right in subsection (1) does not extend to—
(a) propaganda for war;
(b) incitement of imminent violence; or
(c) advocacy of hatred that is based on race, ethnicity, gender or religion, and
that constitutes incitement to cause harm.”
1.2.2 Impact of Social Media on the Constitutional Right to Freedom of
Expression
Social media has expanded the platform for individuals to exercise their right to
freedom of expression by allowing rapid dissemination of ideas and information
globally. However, this also increases the risk of spreading misinformation, hate
speech, and harmful content. While it promotes free speech, social media companies
often impose content restrictions or bans, which can limit expression and lead to
conflicts between protecting speech and addressing harmful material.
1.2.3 Relevant Example of Social Media Impacting Freedom of Expression
Title: "Twitter suspends accounts amid crackdown on COVID-19 misinformation"
Source: CNN, 9 December 2020.
URL: https://www.cnn.com/2020/12/09/tech/twitter-suspends-covid-
misinformation/index.html.
In this case, Twitter suspended multiple accounts for spreading misinformation about
COVID-19. While intended to limit harmful content, it also restricted the freedom of
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is” without
any representations or warranties, express or implied. The author assumes no liability as a result of
reliance and use of the contents of this document. This document is to be used for comparison, research
and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any
form or by any means.
