Learn how South African law treats defamation on social media, including key legal principles, real court cases, and practical advice for individuals and businesses.
Written by Roy Bregman, admitted attorney with over 51 years’ experience in South African law, including defamation, social media law, and privacy.
Naming and Shaming on Social Media: What South African Law Says
Introduction: The Legal Principles of Defamation and Social Media
Social media has changed the way we communicate, giving everyone a platform to share opinions, experiences, and grievances instantly. But with this power comes responsibility. In South Africa, posting about someone or a business online, especially to “name and shame”, can have serious legal consequences. Defamation law applies to Facebook, X (formerly Twitter), Instagram, WhatsApp, and any other platform where you can publish information about others.
Defamation is when someone wrongfully and intentionally publishes content (written, spoken, or visual) that is seen by at least one person, other than the subject, that unfairly harms another’s reputation in the eyes of reasonable people or lowers a person’s standing in the community.
Yes, that includes status updates, comments, memes, and retweets. If you “like,” “share,” or “retweet” a defamatory post, or even tag someone in one, you could also be held liable. The law is clear: what you say online is treated the same as what you would publish in a newspaper or say in public.
The Role of Truth and Public Interest
Many people believe that telling the truth is always a defence. This is not correct. In South African law, the statement must be both true and in the public interest. If you post about someone’s private affairs, even if true, but it doesn’t serve the broader public good, you could still be found liable for defamation.
Hate Speech and Social Media
Hate speech is any expression that incites violence or discrimination against a protected group (race, gender, religion, etc.). Freedom of expression, protected by the Constitution, is not absolute. It does not cover defamation, hate speech, or incitement to violence, and such posts can lead to both civil and criminal liability.
Case Law: Real Examples from South African Courts
The Cawood Attorneys Case
A South African law firm, Cawood Attorneys, was falsely accused on Facebook of stealing COVID-19 funds and acting dishonestly. The businesswoman who posted these allegations was ordered by the Middelburg High Court to remove the posts and refrain from making further defamatory remarks. The court also held Facebook accountable, ordering it to uphold the law regarding defamatory remarks and hate speech. The businesswoman was ordered to pay the legal costs.
Isparta v Richter (2013)
In this case, the court awarded damages for defamatory comments made on Facebook. The defendant had tagged another person in the defamatory post. The court found that not only the author but also those tagged or associated with the post could be held liable. This case set a precedent that sharing, liking, or tagging defamatory content can make you legally responsible.
Heroldt v Wills (2013)
Heroldt sought an interdict against Wills for posting a defamatory Facebook message accusing him of being an unfit parent. The court found the post defamatory, as it would lower Heroldt’s reputation in the eyes of reasonable people. The court ordered Wills to remove the post and pay legal costs.
Dutch Reformed Church v Sooknunan
The creator of a Facebook page was held responsible for defamatory messages posted by others on that page.
Casilli v Facebook SA
The court addressed whether Facebook SA or Facebook Inc. was responsible for removing defamatory content. Eventually, Facebook Inc. agreed to remove the content after a valid court order was obtained.
Practical Guidance: How to Avoid Legal Trouble on Social Media
Think Before You Post
What To Do If You’re Defamed
Employer Policies and Dismissal
Conclusion: The Power and Peril of Social Media
Social media is a powerful way to share information and call out wrongdoing, but it can also be legally risky. Naming and shaming someone online might feel like justice, yet it can easily amount to defamation or hate speech, which the law treats as seriously as anything published in a newspaper. South African law protects every person’s dignity and reputation, and even if what you say is true, it must also serve the public interest to be a valid defence. You could be held legally responsible not just for posting, but also for sharing, commenting on, or even liking harmful content. While platforms can be ordered to remove defamatory posts, the main responsibility rests with you, so think carefully before you hit “post.”
When in doubt, seek legal advice before posting.
Frequently Asked Questions (FAQ)
Q: Can I get sued for naming and shaming someone on Facebook?
A: Yes. If your post harms someone’s reputation and is not both true and in the public interest, you can be sued for defamation.
Q: Is it defamation if what I say is true?
A: Not always. The statement must also be in the public interest, not just interesting to the public.
Q: What should I do if I’m defamed online?
A: Ask the person to remove the post. If they refuse, seek legal advice and consider applying to court for an order to remove the content and prevent further posts.
Q: Can I be held liable for sharing or liking a defamatory post?
A: Yes. Sharing, liking, or tagging someone in a defamatory post can make you legally responsible.
Q: Are there defences to defamation?
A: Yes. Truth and public interest, fair comment, and privilege are possible defences, but they have strict requirements.
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