In the case of H v W, Judge Nigel Willis had this to say "...The law has to take into account changing realities not only technologically but also socially or else it will lose credibility in the eyes of the people. without credibility, law loses legitimacy. If law lose legitimacy, it loses acceptance, If it loses acceptance, it loses obedience. It is imperative that the courts respond appropriately to changing times, acting cautiously and with wisdom." With that in mind, what is the impact of social media on the constitutional right to: 1.1 Privacy
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In the case of H v W, Judge Nigel Willis had this to say “ … The law has to take into account changing realities not only technologically but also socially or else it will lose credibility in the eyes of the people. Without credibility, law loses legitimacy. If law loses legitimacy, it loses acceptance
In the case of H v W, Judge Nigel Willis had this to say “ …The law has to take into account changing realities not only technologically but also socially or else it will lose credibility in the eyes of the people. Without credibility, law loses legitimacy. If law loses legitimacy, it loses acceptance. If it loses acceptance, it loses obedience. It is imperative that the courts respond appropriately to changing times, acting cautiously and with wisdom.” Taking this into mind , the impact of social media on the constitutional rights . In fact the number of “online defamation” cases in my own practice has risen sharply over the past 18 months or so. I will, in future articles, endeavor to unpack a few of the defamation cases which came before the courts in South Africa. You will be able to gauge what criteria our courts use in deciding whether a particular comment, tweet, re-tweet or blog and the like, was defamatory or not and hopefully protect yourself from this potential minefield. Know your rights.
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