SJD1501
Assignment 7 Semester 2 2024
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."
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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
Section 16 of the Constitution of South Africa states:
“(1) Everyone has the right to freedom of expression, which includes—
