WhatsApp messages with legal consequences in SA

WhatsApp messages containing certain content can lead to criminal charges. It can also make you lose your job.

Sharing copyrighted content on WhatsApp or sending messages that incite harm or are hateful, could lead to criminal charges. This can result in prison time and/or fines.

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WHATSAPP MESSAGES AND THE CYBERCRIMES ACT

South Africans who post inciteful or hateful content on social media are at risk of legal action. The same applies to messages sent via WhatsApp.

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The Cybercrimes Act of South Africa states that anyone who discloses, by means of an electronic communications service, a message to a person, a group of people or the general public with the intention to incite:

• the causing of damage to property or
• violence against a person or a group of persons is guilty of an offence.

According to Business Tech, Whatsapp messages that encourage any damage to any property can be criminalised. Also, WhatsApp messages that provoke violence. You can face criminal charges for sending messages that threaten people with property damage or any type of violence.

A South African convicted under the Cybercrimes Act is liable to a fine or imprisonment for up to 15 years or both.

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COPYRIGHT INFRINGEMENT VIA WHATSAPP MESSAGES

In December 2023, Media24 started legal proceedings against two persons who allegedly reproduced and distributed copyrighted publications via WhatsApp, according to Ground News. The case is expected to be heard on 29 January 2024.

Social media lawyer, Emma Sadleir, said in a webinar that in some cases, failing to report a harmful post could also have legal consequences, according to OpenNet Africa.

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SHARING UNLAWFUL CONTENT

In addition to this, Sadleir stated that sharing, forwarding, or liking WhatsApp messages with unlawful content could lead to criminal charges. She referred to the principle of ‘chain of the publication’ in SA law. This entails that someone involved in sharing something, is responsible for it and can thus be held accountable.

HOW TO PROTECT YOURSELF

Sadleir suggested the following actions to protect yourself from being in the wrong when it comes to unlawful WhatsApp messages:

• Make your disapproval clear in a message
• If part of a WhatsApp group, leave the group

“If you don’t do one of those two things, there is an argument that you are in the chain of publication,” she said.

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HOW TO PROTECT YOUR JOB

Under certain circumstances, South Africans can lose their jobs over messages they send on WhatsApp, according to legal firm Wright Rose-Innes. Citing the Labour Relations Act 66 of 1995, the firm explained that it is possible to be fired for WhatsApp messages if there is a fair reason for the dismissal and if certain factors are considered.

Employees must be careful to send messages that break a company rule or violate workplace conduct.