scholarly journals SOCIAL MEDIA AND THE ACTIO INJURIARIUM IN SOUTH AFRICA – AN EXPLORATION OF NEW CHALLENGES IN THE ONLINE ERA

Obiter ◽  
2014 ◽  
Author(s):  
Priya P Singh

The rapid rise in the use of social media networking sites in South Africa has posed new challenges to our courts. The law of defamation and privacy, which has long been considered well established, is now facing new demands on its boundaries because of the unique characteristics of social media in the online era.This note will discuss and critique three recent cases individually, concerning issues arising from the use of Facebook (a social media website) and the approach of the courts in extending the traditional law to the new demands of social media interaction.The aim of the note is to evaluate: the considerations which should apply to the granting of an interdict in respect of comments posted on Facebook, especially where alternative remedies are available; whether social media should be treated differently from electronic news media; how to establish ownership of a Facebook profile where such ownership is disputed; liability for anonymous defamatory posts on an individual’s Facebook profile; whether an individual can be liable for defamatory posts not made by himself personally, but in which he has been tagged; whether comments posed as questions can be regarded as defamatory; and the role played by apologies in claims for damages in defamation.The note concludes by discussing how South African courts have extended the traditional principles governing the actio injuriarium action in South African law – to the new challenges posed by the rise in popularity of social media networking sites.

Author(s):  
Tanja Koch ◽  
Charlene Gerber ◽  
Jeremias J. De Klerk

Orientation: With many organisations vying for the same talent, it is important to ensure that the correct methods are utilised in identifying and attracting the best talent to an organisation.Research purpose: This research investigates the impact of social media on the recruitment process in South Africa.Motivation for the study: As the competition for qualified talent increases, organisations need to understand where to focus their resources to attract the best talent possible. The use of social media is growing daily and its use in the recruitment process seems to have grown exponentially.Research design, approach and method: The sample comprised 12 recruiters, spanning a wide range of industries in South Africa. Semi-structured interviews were conducted and a thematic analysis was utilised to identify themes and subthemes.Main findings: Despite still utilising some traditional methods of recruiting, South African recruiters follow their international counterparts, with LinkedIn being central to their respective recruitment processes. The use of Twitter and Facebook for recruitment was found to be substantially lower in South Africa than elsewhere. Without following a focused approach, the volume of work that emanates from using social media may overwhelm a recruiter.Practical and managerial implications: Recruiters cannot execute effective recruitment without applying social media tools such as LinkedIn. However, training in the optimal use of social media is essential.Contribution: This study indicates that LinkedIn has a major impact on recruitment in South Africa, but that social media is not a panacea for recruitment issues.


Author(s):  
Trishana Ramluckan ◽  
Sayed Enayat Sayed Ally ◽  
Brett van Niekerk

In October 2015 a series of protests at South African universities against proposed fee increases escalated into a nation-wide protest with marches globally in support. Twitter proved to be a major communication and information sharing tool during these protests. The protests provided a platform to investigate the use of social media during a political crisis in South Africa. The chapter analyses the role and use of Twitter in the student protests and discusses this phenomenon from a crisis, advocacy and social information warfare perspective.


Cultura ◽  
2019 ◽  
Vol 16 (1) ◽  
pp. 23-28
Author(s):  
Luis CORDEIRO-RODRIGUES

Marxist Philosophy as an explanation of social reality has, since the fall of the Berlin Wall, been largely neglected. However, some philosophers have contended that it may still be relevant to explain today’s social reality. In this article, I wish to demonstrate precisely that Marxist philosophy can be relevant to understand social reality. To carry out this task, I show that Marxist philosophy of law can offer a sound explanation of Animal law in South Africa. My argument is that South African law is a superstructure that reinforces the power of the animal farming industry in South Africa. That is, the hidden purpose of the law is to benefit the industry. In order to argue for this, I present two sets of arguments. The first set argues that the law facilitates the functioning of the animal farming industry. In the second set of arguments I contend that the law socialises individuals into approving the methods of slaughtering by the animal farming industry.


Curationis ◽  
2015 ◽  
Vol 38 (2) ◽  
Author(s):  
Thando Nyangeni ◽  
Suzette Du Rand ◽  
Dalena Van Rooyen

Background: Social media have become a popular communication system that has transformed communication from the traditional to the Web-based model. Because social media use has no limitations to place and time, it is now used extensively at clinical facilities. Social media useis becoming a popular activity amongst students at Nursing Education Institutions (NEI) in South Africa. However, lack of accountability and unethical use of social media by nursing students in South Africa has been reported.Objectives: The aim of the study was to explore and describe the perceptions of nursing students regarding responsible use of social media.Methods: A qualitative, descriptive, explorative and contextual research design was used to explore and describe the perceptions of nursing students regarding the responsible use of social media. Twelve nursing students registered for the undergraduate nursing degree were purposely selected and interviewed individually using a semi-structured interview method.Results: The results of this research study demonstrate that nursing students use socialmedia irresponsibly. Nursing students experience blurred boundaries between personal and professional lines and lack accountability when using social media.Conclusion: The extensive use of social media in the clinical environment, by healthcare students, requires a joint effort by Nursing Education Institutions and healthcare facilities to ensure that social media are used in an ethically acceptable manner. The implementation of the recommendations of this research study could positively influence legally and ethically acceptable use of social media at healthcare facilities.


2018 ◽  
Vol 10 (6(J)) ◽  
pp. 150-161
Author(s):  
G. Nchabeleng ◽  
CJ. Botha ◽  
CA Bisschoff

Social media can be a useful tool in public relations in non-governmental organisations (NGOs), but do NGOs make use of social media in their quest for service delivery in South Africa? Social networking sites, blogging, email, instant messaging, and online journals are some of the technological changes that changed the way interaction between people and how they gather information. Although social media is mainly used for interactive dialogue and social interaction, the private sector soon realised that the web-based technologies (especially Facebook and Twitter) could also be a competitive business tool. Non-governmental organisations (NGOs) soon followed suit however at a slower pace than the general communication growth rate of social media in South Africa. This article examines if social networking sites have any impact on public relations practices of NGOs in South Africa – an environment where both customers and employees still struggle to take full advantage of social media. The critical literature findings increase the understanding of the current and future challenges of social media use in public relations at NGOs in South Africa. The study explores the main differences between traditional and social media, how social media is redefining public relations role, and shed some light on defining public relations practices, identify the uses, limitations and benefits of social media by public relations practitioners in NGOs. Recommendations for future communication research are given. Based on the literature, a qualitative research design collected data using semi-structured, individual interviews. The results revealed that social media platforms such as Facebook do have an effect, and even changed the way in which NGOs communicate. The study also revealed that social media certainly has an impact on public relations relationships. This means that it has become crucial that public relations practitioners at NOGs embrace and take advantage of social media, and that they should also invest in proper electronic platforms to reap the benefits of improved communication internally and externally.


Author(s):  
Liezel Cilliers ◽  
Willie T. Chinyamurindi ◽  
Kim Viljoen

Orientation: The rapid development of information communication technology (ICT) has changed much of contemporary society. ICT’s influence extends to the working context with ramifications not only for employees but also for the entire organisation.Research purpose: The primary purpose of this research was to investigate the behavioural intention of a sample of employees at a traditional higher education institution to make use of social media within the workplace.Motivation for the study: Social media has become a common tool within society for communication and networking purposes. An understanding of the factors that influence behavioural intention to use social media within the workplace can assist the organisation to better manage social media usage within the workplace.Research design, approach and method: The research adopted the positivism paradigm with a quantitative research approach. The data were analysed making use of exploratory factor analysis and multiple regression analysis. A traditional higher education institution was chosen as the research site for the study, relying on a convenience sample (n = 134) and data gathered using the work-related social media scale and behavioural intention to use scale.Main findings: Although most employees make use of social media for problem-solving and communication purposes already in the workplace, organisations should allow their employees to help manage their reputation on social media.Practical and managerial implications: An understanding of the factors that influence behavioural intention to use social media within the workplace can serve as a useful precursor for both employee and organisational-specific interventions. This study has specific relevance to the use of ICT platforms, such as social media, in traditional higher education institutions in South Africa. The study’s results are therefore useful to both employees as end-users and managers as drivers of such interventions in the workplace.Contribution: This study is one of the first within a South African work context to investigate social media usage in a traditional higher education institution and proposes a workplace social media usage framework (WSMUF) that helps not only employees but also the entire organisation to predict intention to use social media in the workplace.


2018 ◽  
Vol 15 (2) ◽  
pp. 198-210 ◽  
Author(s):  
Nomusa Nomhle Dlamini ◽  
Kevin Johnston

Purpose The purpose of this paper is to present how organisations in South Africa are using social media. The paper further explores the value of social media to South African organisations and if it is important for an organisation to have a social media presence. Design/methodology/approach The study used quantitative research methods to answer the main research question and sub-questions. Findings The data collected revealed that most organisations in South Africa are using social media for free advertising, CRM and marketing. The popular social media sites used by these organisations are Facebook and Twitter, with LinkedIn increasing in popularity. The data further revealed that social media is important in organisations for relationship building, contact keeping advertising, marketing, attracting customers, brand management and information gathering. Research limitations/implications The role of social media is changing, it was initially a marketing tool, but the findings revealed that majority of organisations are using social media for free advertising, CRM and marketing. Social media is an easy CRM tool that offers effective and efficient capabilities. Practical implications It is important to use integrate social media with the organisations processes to market and advertise new products, it is an instant and cost-saving way of communicating with customers, and helps in reaching and attracting new customers. Social implications Social media is important for keeping contact and building relationships with customers, advertising and marketing, way to attract customers, brand management tool and gathering information. Originality/value The study provides guidance to how organisation can use social media, identifying the value of using social media and highlighting the importance of social media in an organisation in the South African context.


Obiter ◽  
2021 ◽  
Vol 42 (2) ◽  
Author(s):  
Razaana Denson

The article discusses and compares the dissolution of a marriage as well as the legal consequences thereof in Islamic law, South African law and English law. This is done in order to demonstrate that despite similarities, there are vast differences between the three legal systems. This impacts on how Muslim personal law (MPL) can be recognised and regulated in South Africa and in England and Wales as constitutional democracies. South Africa, England and Wales share a commitment to human rights and have adopted various approaches in respect of accommodating the application of Islamic law. Internal pluralism also exists within the Muslim communities in South Africa, England and Wales as the majority of Muslims in these countries have to varying degrees developed diverse strategies to ensure compliance with Islamic law, as well as with South African and English law. Notwithstanding the accommodation of MPL in terms of South African and English law, the differences between these legal systems have resulted in decisions that, while providing relief to the lived realities of Muslims, are in fact contrary to the teachings and principles of Islam and therefore problematic for Muslims.


2020 ◽  
Vol 6 (2) ◽  
pp. 205630512091992
Author(s):  
Zaida Orth ◽  
Michelle Andipatin ◽  
Ferdinand C Mukumbang ◽  
Brian van Wyk

Social media is becoming a valuable resource for hosting activism as illustrated in the rise of the hashtag movements, such as #MeToo and #Endrapeculture, used to speak out against rape culture. In this article, we discuss the use of social media as the source and object of research, using the case of the 2016 South African #nakedprotest. We used naturalistic observation on Facebook comment threads and followed these up with online Facebook focus groups. Qualitative content analysis and thematic decomposition analysis were used, respectively, to explore online discourses of rape culture. We found that the use of social media as a medium for data collection is valuable for exploring trending social issues such as the rape culture #nakedprotest. We uncovered that social media offers researchers the opportunity to collect, analyze, and triangulate rich qualitative data for the exploration of social phenomena. This study illustrates the usefulness of social media as a pedagogical instrument.


2019 ◽  
Vol 55 (3) ◽  
pp. 351-369 ◽  
Author(s):  
Charity Hove ◽  
Oluyinka O Osunkunle

Water scarcity is increasing in South Africa and communities need to be educated about water conservation practices. This article investigated the perceptions of Raymond Mhlaba Local Municipality’s residents concerning the use of social media for water conservation education in their community. Through a quantitative methodology, a sample of 383 respondents answered a questionnaire and the main findings were that 75 per cent of respondents did not know about the municipality’s social media platforms. This article recommends that the municipality creates awareness about its social media platforms, increases social media usage and employs persuasive strategies for participation.


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