For someone who works in the media, you may be surprised to know that Munier is not a big fan of freedom of speech.
Well, not absolute freedom of speech, anyway.
Grootbek’s policy has always been: your freedom of speech ends where the next person’s right to safety and dignity begins.
That and: if you have nothing good to say, hou jou bek.
Both very applicable in this era of social media.
Platforms like WhatsApp, Facebook, Twitter and Instagram don’t have a handbrake function.
Posting is publishing. Once you click “share”, you’re in the public domain, where many of the rules that govern the media, also apply to ordinary users.
Ideally, every person who uses social media ought to have some basic knowledge of journalism and the South African press code.
People must know that there are consequences for posting hate speech, inciting violence, defaming others, identifying minors, distributing porn and fake news.
The law is finally starting to clamp down on harmful online content.
President Cyril Ramaphosa has approved the Films and Publications Amendment Act with the new law becoming operational from 1 March 2022.
The regulations apply mainly to the sale, hiring and streaming of content on digital platforms.
However, the Act also introduces stricter regulations for social media – targeting hate speech and “revenge pornography” – for which internet service providers (ISP) will have to take increasingly more responsibility for.
Break the law and you could face harsh fines and imprisonment.
Revenge pornography
No person may expose, through any medium, including the internet and social media, a private sexual photograph or film without the consent of the individual or individuals who appear in the photograph or film – with the intention of causing that individual harm.
However, note that it does not apply if the “offender” reasonably believed that the disclosure was necessary for the purposes of preventing, detecting or investigating crime.
If found guilty, you will be handed a fine not exceeding R150 000 or jail time for a period not exceeding two years.
Hate speech
Any person who knowingly distributes speech in any medium which amounts to propaganda for war, incites imminent violence, or advocates hate speech, also faces a fine not exceeding R150 000 or imprisonment for a maximum of two years.
ISP requirements
If an internet access provider has knowledge that its services are being used for the hosting or distribution of child pornography, propaganda for war, incitement of imminent violence or advocating hatred based on an identifiable group characteristic, it must immediately remove this content, or be subject to a fine.
Screenshot
People, remember, just like people used to say “think before you ink” in the days of print media, you need to think before you click.
A simple screenshot of your ill-considered WhatsApp chat could land you in court or jail.
taariq.halim@inl.co.za