Legal trouble for social media comments in SA

How is this news? Just because it is Facebook?

Newsflash, the law regarding defamation applies everywhere.
 
Very balanced ruling from the judge.
 
Going to court for that...

People need some real issues, that money and law can't solve...
 
Garyvdh said:
How is this news? Just because it is Facebook?

Newsflash, the law regarding defamation applies everywhere.
Click to expand...

Sure. But this is on Facebook, i.e. a server probably in the USA, where our judge has no jurisdiction.
 
Garyvdh said:
How is this news? Just because it is Facebook?

Newsflash, the law regarding defamation applies everywhere.
Click to expand...

As I understand it, the newsworthy aspect of this is more about the lack of case law in South Africa regarding defamation on social networking sites.

Also it sounds like the option of asking Facebook to take down or ask the user to take down the offensive posts would've proven to be a wasted effort.
 
Fudzy said:
What did the guy post initially?
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It sounded like a lady friend posting about her male friend. Seems like this fella went off the rails, which prompted the overly candid comments. An extract is in the article.
 
McT said:
It sounded like a lady friend posting about her male friend. Seems like this fella went off the rails, which prompted the overly candid comments. An extract is in the article.
Click to expand...

It seems she made all that up to make him look bad. Hense the defamation charge. She could not justify the comment.

She has been unable to justify her posting…The background to the posting, together with the words themselves, indicates that the respondent acted out of malice when she posted the offending comments.”
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Madman88 said:
It seems she made all that up to make him look bad. Hense the defamation charge. She could not justify the comment.
Click to expand...

Okay. That's even more reason to justify his approach to court.
 
Space_Chief said:
Sure. But this is on Facebook, i.e. a server probably in the USA, where our judge has no jurisdiction.
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If the interface is accessible within our country then we have jurisdiction.
In this case even more so since both participants reside in SA.
They both fall within the ambit of our law and their words, comments writings are ALL subject to our law.
 
McT said:
It sounded like a lady friend posting about her male friend. Seems like this fella went off the rails, which prompted the overly candid comments. An extract is in the article.
Click to expand...

It only shows her reply.

If it wrote "Omg got so shmangled at SHM" I could understand the response, people who celebrate their self abuse in light of marital and financial problems. If it was in response to enjoying a night out having a braai, the judgement makes sense.
 
The judgment is in my view significant for several reasons:
Firstly it reaffirms the position that the basic principles of our law - in this case the law of defamation - do not magically transmute when computers or the internet - or now the cloud - gets involved.
Secondly the court was faced with a provider located outside our jurisdiction who does not act on "take down" notices alleging defamation or whatnot by a legal practitioner, in so dealing with the matter the court had to consider issues of appropriate remedy and the courts scope of jurisdiction which has contemporary legal relevance;
Thirdly the court went to great pains to delineate what issues courts could be called upon to issue order against persons in their jurisdiction.

The court has ordered her to remove the posts - not Facebook - if she fails to comply he will have to approach the court with contempt proceedings.
 
So you can take people to court over something posted on the internet now?

Hope all of you who have ever said anything bad about our Lord Zuma watch your backs, you're next.
 
2012 said:
So you can take people to court over something posted on the internet now?

Hope all of you who have ever said anything bad about our Lord Zuma watch your backs, you're next.
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he's too busy suing zapiro to care about the random rants of us plebians. besides, the ancyl is going to get the internets shut down, so he needn't worry about it much longer.
 
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regardless of what happened, taking someone to court over this is the clearest indication that you are indeed an *******
 
Well, the comments one see in M&G, Yahoo & Goolge here in SA is deflamatory, racist & hate provoking....that needs to be tackled first, IMO.
 
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