The Impact of Deepfakes on the Right to Identity: A South African Perspective

2020 ◽  
Vol 32 (3) ◽  
pp. 407-436
Author(s):  
Nomalanga Mashinini
Keyword(s):  
South African ◽  
Criminal Law ◽  
The Internet ◽  
Sound Recordings ◽  
African Perspective ◽  
New Perspective ◽  
Learning Software ◽  
The Right ◽  
The Impact ◽  
Law Of Delict

The right to identity aims to protect the subjective interests of individuals in their likeness, image, voice, and other distinctive personality attributes. The right to identity is legally recognised in South Africa, but deepfakes have a tendency to devalue this right. Deepfakes are created with deep learning software that enables users to create deceptive videos, sound recordings, and photographs of events and people that are indistinct from reality. This goes against a person’s right to control the use of their likeness. South African law does not directly regulate the creation and publication of deepfakes. Liability for the publication of deepfakes may be established using principles in different fields of law, such as the law of delict and criminal law. However, the dissemination of deepfakes on the internet continues to evolve, as they become more difficult to detect, and this necessitates a new perspective on how to provide sufficient remedies for victims whose right to identity is violated through deepfakes. It also calls for the refinement of establishing the liability of people who are tagged to deepfakes posted on social media. This article aims to highlight the challenges in protecting the right to identity and establishing liability under South African law in the context of deepfakes.

Privacy and the Internet

2016 ◽  
Keyword(s):  
The Internet ◽  
Eu Directive ◽  
The Right To Know ◽  
The Us ◽  
Legal Constraints ◽  
Government Surveillance ◽  
Online Traffic ◽  
The Right ◽  
Power Needs ◽  
The Impact

Chapter 14 deals with privacy, surveillance, and the right to know in the context of the internet. Edward Snowden’s disclosures of thousands of classified documents from the US National Security Agency served as a wake-up call. People are beginning to realize that government surveillance is widespread and intrusive, and that this intrusive power needs to be subject to legal safeguards. The chapter considers the legal constraints governing UK legislation and the impact of the decision in the Digital Rights Ireland case that EU Directive 2006/24/EC, which provided for the mass retention and disclosure of individuals’ online traffic data, is invalid. It considers the recent English cases and concludes by examining the framework which has been suggested for regulating the turbulent digital age in which we now live, drawing on David Anderson QC’s report ‘A Question of Trust’ and the European Court’s decision in the Google Spain case.

A Global Framework Convention on Health: Would it Help Developing Countries to Fulfil Their Duties on the Right to Health? A South African Perspective

2010 ◽  
Vol 38 (3) ◽  
pp. 640-646 ◽  
Author(s):  
Mark Heywood ◽  
John Shija
Keyword(s):  
Public Health ◽  
Developing Countries ◽  
South African ◽  
Global Scale ◽  
Right To Health ◽  
Health Aid ◽  
African Perspective ◽  
Intellectual Knowledge ◽  
The Right ◽  
Health Experts

It is arguable that the delivery of global health has reached an impasse. This is evident not only in unresolved debates that are raging about where to allocate health aid or how to sustain and expand funding for AIDS treatment, but also in challenges facing national health systems that are incapable of purely domestic resolution. But there is some irony and much opportunity in this situation. Not only have the last 20 years seen an unprecedented growth in funding for health, mainly through funding for AIDS, but there has also been a range of initiatives and ideas that have generated better knowledge not only of the determinants of health, but also of how to attain it. Scientists, public health experts, and activists have created a store of intellectual knowledge, technology, and ideas, which, if properly and fairly deployed, might provide the opportunity to re-launch tangible progress towards the progressive realization of the right to health on a global scale.

scholarly journals Dividend tax, dividend payments and share values: a South African perspective

2014 ◽  
Vol 11 (3) ◽  
pp. 242-252 ◽  
Author(s):  
Me Stéfani Coetzee ◽  
Johannes de Wet
Keyword(s):  
South African ◽  
Share Price ◽  
Dividend Payment ◽  
Share Prices ◽  
Study Approach ◽  
Dividend Payments ◽  
African Perspective ◽  
The Impact ◽  
Dividend Tax ◽  
Payment Policies

The study investigates the impact of changes in dividend taxes on dividend payment policies and in turn, the impact of dividend payments on share prices. An event study approach is used to analyse the share price movements before, on and after dividend announcement dates. The results for companies of which the dividend paid resulted in an increase in the dividend payout ratio were that share prices responded positively to the announcement on the announcement date and for the few days thereafter. The findings again underline the paradoxical nature of dividends and although a better understanding of the impact of dividends on South African companies was gained, the dividend puzzle remains largely unsolved.

scholarly journals Protecting the life and health of students from the negative impact of digital technologies

2021 ◽  
Vol 273 ◽  
pp. 10016
Author(s):  
Elena Millerova ◽  
Igor Napkhanenko ◽  
Alexander Fedorov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Negative Impact ◽  
Criminal Liability ◽  
Criminal Code ◽  
Practical Aspect ◽  
The Internet ◽  
The Russian Federation ◽  
Types Of Information ◽  
The Impact

This article is devoted to the study of the negative aspects of the impact of the Internet on the life and health of persons who have not reached the age of majority in Russia (that is, the age of 18), as well as the criminal law and forensic possibilities of countering this. In the article, the authors goes by the types of information that are legally prohibited for distribution among minors in the Russian Federation. Having analyzed the types of this prohibited information, the authors identified exactly those types that can threaten the life and health of children. The article examines the problematic aspects of familiarizing minors with such information on the Internet, analyzes the norms of the Criminal Code of the Russian Federation, which provide for criminal liability for the distribution of this information on the Internet. The practical aspect of this study is expressed in the analysis of the issues of qualification of such crimes, their differentiation with similar elements of administrative offenses. As a result of the analysis of these criminal law norms, the authors have identified a number of gaps that need to be filled. In this regard, in order to increase the effectiveness of the criminal law struggle against the negative impact of the Internet on the life and health of minors, some amendments to the articles of the Criminal Code of the Russian Federation are proposed. The article also analyzes the forensic aspects applicable to this topic, namely, it examines some features and problems of identifying, disclosing and investigating crimes committed against minors with the use of the Internet. The author's conclusions and suggestions on this matter are expressed.

scholarly journals The impact of strategy and organizational factors on corporate entrepreneurship

2011 ◽  
Vol 8 (2) ◽  
pp. 252-258
Author(s):  
Johan Hough ◽  
Retha Scheepers
Keyword(s):  
South African ◽  
Entrepreneurial Orientation ◽  
Organizational Factors ◽  
Organizational Structures ◽  
Corporate Entrepreneurship ◽  
Strategic Leadership ◽  
Cross Sectional ◽  
Entrepreneurial Behaviour ◽  
The Right ◽  
The Impact

Large companies create new businesses as an innovative way of solving challenging problems but also see new internal ventures as a way of increased entrepreneurial behaviour and sustained differentiation. However, strategic leadership is crucial to develop an organizational environment needed to increase the entrepreneurial orientation and motivation in established businesses. This paper focus on strategic leadership and selected salient organizational factors that aid in the development of corporate entrepreneurship (CE). A cross sectional telephone survey of 315 South African companies indicated that strategic leadership of an enterprise is crucial to create the right environment and develop and support organizational structures and CE. Strategic leadership which encourages autonomy and provides rewards for entrepreneurial behaviour creates a supportive organizational structure to strengthen corporate entrepreneurship.

scholarly journals Climate Change: A Comparison Of Market-Based Instruments From A South African Perspective

2013 ◽  
Vol 12 (4) ◽  
pp. 457 ◽  
Author(s):  
Suren Pillay ◽  
Pieter W Buys
Keyword(s):  
Sustainable Development ◽  
South African ◽  
Carbon Tax ◽  
Developing Economy ◽  
Cap And Trade ◽  
Advantages And Disadvantages ◽  
Key Characteristics ◽  
African Context ◽  
African Perspective ◽  
The Impact

This article aims to consider the relevancy of (i) cap-and-trade schemes and (ii) carbon tax schemes in a developing economy context. Even though both schemes have a common goal of reducing greenhouse gas emissions, they operate very differently, each with their own set of advantages and disadvantages. Sustainable developments comprise various elements categorised in three primary dimensions environmental, economic and social. The objective of reducing greenhouse gases via the implementation of carbon tax or cap-and-trade schemes primarily addresses the environmental dimension of sustainable development. Notwithstanding the aforementioned, the impact of both schemes on the economically sustainable development, including industry competitiveness and growth, still has to be determined. In South Africa, the National Treasury made a decision to implement carbon tax as opposed to cap-and-trade schemes. In this article, the reasoning behind their decision in favour of carbon tax in the South African context is critically considered, firstly by evaluating the key characteristics between cap-and-trade and carbon tax schemes and secondly by considering the effectiveness hereof in the global context. It was found primary reason behind the favourable consideration of carbon tax was the fact the implementation thereof would be simpler using the existing taxation systems, whereas cap-and-trade would require the implementation of sophisticated mechanisms that may not provide the optimum benefit in a developing economy context.

scholarly journals The Impact of the Labour Relations Act on Minority Trade Unions: A South African Perspective

2017 ◽  
Vol 16 (4) ◽  
pp. 284
Author(s):  
Johan Kruger ◽  
Clarence Itumeleng Tshoose
Keyword(s):  
Collective Bargaining ◽  
South African ◽  
Trade Union ◽  
Trade Unions ◽  
Freedom Of Association ◽  
Labour Relations ◽  
Labour Standards ◽  
International Labour Standards ◽  
The Right ◽  
The Impact

The advent of the new political dispensation in 1994 heralded the coming of a new labour dispensation. Labour relations and labour policies changed significantly from that which prevailed under the previous government. The review of the labour legislation framework was at that stage a priority for the new government, with specific focus on the review of the collective bargaining dispensation. The abuse of trade unions under the previous government gave rise to a unique entrenchment of labour rights in the Constitution. The drafters thereof were determined to avoid a repetition of this abuse after 1994. Section 23 of the Constitution goes to great lengths to protect, amongst others, the right to form and join a trade union, the right of every trade union to organise and the right of every trade union to engage in collective bargaining. In furtherance of section 23(5) of the Constitution, the Labour Relations Act 66 of 1995 was promulgated. One of the most significant changes of the LRA was that it now provided for legislated organisational rights. Commentators have often viewed the LRA as favouring larger unions and as conferring clear advantages on unions with majority support at the establishment or industry level.  It is within this context that this article examines the impact of section 18 of the LRA on the constitutionally entrenched right of every person to freedom of association, the right of every trade union to engage in collective bargaining, and the right of every trade union to organise. Furthermore, this article explores the justifiability of the impact of section 18 on minority trade unions in terms of international labour standards and the Constitution. In part one the article examines the concept of majoritarianism, pluralism and industrial unionism in the context of South African Labour market. Part two deals with the impact of section 18 of the LRA on minority Trade Unions. Whilst part three explores the concept of workplace democracy. Part five investigates the applicability of international labour standards in the context of the right to freedom of association. Part four ends up with conclusion and recommendations on the impact of section 18 of the LRA.

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