WhatsApp group admins could land in hot water for content shared on the group

LazyLion

LazyLion

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It has been reported that people who administer WhatsApp groups could be held legally responsible for what’s said on the group and could be sued for defamation.

Social media expert Emma Sadleir says this is not something new and people have been prosecuted in the past for being responsible for defamatory posts.

She says if you have the ability to stop something bad from being published on social media, go ahead and delete it....
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Read More...
http://www.702.co.za/articles/26043...-in-hot-water-for-content-shared-on-the-group
 
The problem is.... that Whatsapp Admins cannot actually delete anything once it has been posted.
So the only two things you can really do is...

(1) Remove the offending poster
(2) Distance yourself from what was posted.
 
*LEGAL DISCLAIMER* - _Important!_ Please Read This!

The creators, admins and officials of this Whatsapp(TM) group are not and will not be held responsible for any content on this group which is deemed to be inappropriate, defamatory, insulting, incorrect or in any other way legally actionable. This includes content which may be racially offensive or of a sexually offensive nature. We hereby indemnify and distance ourselves from such content. We are ultimately not responsible for content posted by users without our prior consent or permission or approval. Users are responsible for their own conduct and the content which they post. By voluntarily entering this group and by not removing yourself from this group you place yourself under the posted rules and guidelines of this group regularly posted by the admins and officials of this group. You should also be aware that it is not possible to remove content from this group once it has been posted. Whatsapp(TM) does NOT give administrators of this group the ability to remove offensive content and you hereby agree that the administrators are not responsible for such content posted by the Users. Users who transgress the stated rules of this group will be removed as soon as humanly possible (or as soon as it is brought to our attention). You should not take anything you see or hear or read on this group as legal advice or professional guidance. You should verify any information given here for yourself first before acting on it. This group exists for information purposes only. These terms are not negotiable and by remaining a member of this group you agree to such terms. If you do not agree please exit the group immediately. Thank you for your kind attention.
 
MickeyD said:
How do you delete a WhatsApp message posted by somebody else? or yourself...
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You can delete it off your own phone if you press down on a message and click on the trash can icon.
But that won't delete it off everybody else's phone.
In the slim chance that you can catch it before it reaches the Whatsapp Servers, then maybe... but it's usually a lost cause.
 
LazyLion said:
You can delete it off your own phone if you press down on a message and click on the trash can icon.
But that won't delete it off everybody else's phone.
In the slim chance that you can catch it before it reaches the Whatsapp Servers, then maybe... but it's usually a lost cause.
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Yep, I knew the answer...

Warning to all folks involved in CPF or NHW activities - be very, very careful what you post. I very luckily managed to dodge a bullet!
 
MickeyD said:
Yep, I knew the answer...

Warning to all folks involved in CPF or NHW activities - be very, very careful what you post. I very luckily managed to dodge a bullet!
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Without divulging private/sensitive details, what was this bullet?
 
MightyQuin said:
Coulda, woulda, shoulda...I call BS on this without sauce: people have been prosecuted in the past for being responsible for defamatory posts.

Not giving you grief, Lion. Merely saying that this social media expert is sensationalising...
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In the full article they also add that it has not yet been tested in a Court.
 
Sourrce: http://www.heraldlive.co.za/news/2017/06/13/whatsapp-admins-legally-responsible/

Be careful! WhatsApp group admins could be legally responsible for members’ posts

With the rise in online racism and hate speech‚ it’s only a matter of time before WhatsApp group admins could be held liable for members’ offensive posts.

This is according to Norton Rose Fulbright attorneys Megan Claassens and Sinal Govender.

Referring to a recent case in India where the administrator of a WhatsApp group faced arrest after a defamatory Photoshopped image of Prime Minister Narendra Modi was shared‚ the pair said WhatsApp admins in South Africa should brace themselves.

“We previously wrote about the South African high court extending liability for defamation to people who have simply been tagged in posts on Facebook. It seems that administrators of social media groups should brace themselves to shoulder similar extended liability for what is posted on a group‚” the lawyer pair said.

A WhatsApp admin is automatically the person who creates the group. But additional admins can be added‚ without necessarily agreeing to be one. Group admins then have the ability to control who is invited to‚ or removed from‚ the group chat.

“South Africa is yet to test the liability of a group admin with regard to what is shared on their group‚” the lawyers said.

However‚ the Indian case should remind admins that what is posted on private groups could have serious repercussions‚ including being found guilty of defamation or hate speech.

The pair advise company and private group admins to:
– Ask yourself what the consequences of the content shared on your WhatsApp group could be if it was shared publicly?
– Ensure the credibility of the participants of the group. Are all of these people personally known to you as the group admin?
– Educate the members of the group regularly on what content is allowed. For example‚ no cat videos in the work WhatsApp group.
– Remove members who repeatedly post offensive content.
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Firstly, lol @ them even trying
Secondly, I'm glad I don't belong to random groups on social media because there's always some twit looking to be drama
 
The_MAC said:
Aha, so "false" accusations.

Noted.
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Landlord was not on group but the message was forwarded out of a closed group. One legal opinion was that the person who published the post outside of the closed group became liable for the alleged defamation and not the person who actually posted the allegedly defamatory remarks.
 
Had an incident could have turned quite nasty in our group for body corporate. Knowing what I do now, if residents use it as a platform to vent, they will be warned and then deleted. Because it'll be me left to mop up the pieces, I won't be letting it be abused again.

I do think that there ought to be some sort of tool allowing a group admin to act as a mod (of sorts). While it may be seen as a form of censorship, I do feel aggrieved with people think it's there soapbox to say the first thing that enters their head.
 
So it is up to every person who sets up a group to send out the disclaimer to those that join?

Even for small family groups ?
 
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