SJD1501 Assignment 7 - Portfolio 2024. 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)
NOTE: Quote the section.
1.1.2 Discuss the impact of social media o...
, 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. 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)
1.1.3. Provide a relevant example of how social media impacted the right to privacy.
Title: Herselman v Botha
Source: High Court of South Africa, Gauteng Local Division, Johannesburg (Lawlibrary.org.za,
2024)
1.2.1. The relevant section in the Constitution of the Republic of South Africa, 1996, pertaining to
the right to Freedom of Expression is Section 16, which states:
Everyone has the right to freedom of expression, which includes:
freedom of the press and other media;
freedom to receive or impart information or ideas;
freedom of artistic creativity; and
academic freedom and freedom of scientific research.
The right in subsection (1) does not extend to:
propaganda for war;
incitement of imminent violence; or
advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes
incitement to cause harm.
(Concourttrust.org.za, 2024)
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