The court will probably look at the number of followers or friends the
perpetrator has and how accessible the post is to the public. PHOTO |
AFP
Summary
- What do you do if you find yourself undergoing a social media smear that is false?
- Keep a lot of evidence of the same, through screen shots and other means.
- If the perpetrators refuse to pull down the post, then you should monitor the same and take as much evidence as you can, even as you resort to legal process.
- I believe that in the face of damaging rumours, the aggrieved party should use the same media to re-enforce the truth.
There has been a rising concern about
use of social media. A lot is spread through social media forums. These
posts may not always be authentic.
I believe that in the face of damaging rumours, the aggrieved party should use the same media to re-enforce the truth.
For
example, if there is a rumour on social media about your company, the
best response is to present the truth through your online presence. A
lot of aggrieved businesses and individuals have done this successfully.
The
legislation that one could apply in the event of rumour-mongering on
social media include hate speech laws, the Penal Code and communication
laws.
These pieces of legislation penalise misuse of
social media to spread rumours that are injurious to one’s image or that
compromise public security.
We have witnessed a number of persons successfully charged in court for this misuse.
Such trial processes have served as a deterrent. Hate speech on Facebook has gone down significantly thanks to these trials.
What do you do if you find yourself undergoing a social media smear that is false?
Firstly, keep a lot of evidence of the same, through screen shots and other means.
Two, get to know the perpetrators and request them to pull down the offending posts. Use your own social media page to state the correct position.
Two, get to know the perpetrators and request them to pull down the offending posts. Use your own social media page to state the correct position.
If the perpetrators refuse to pull down the
post, then you should monitor the same and take as much evidence as you
can, even as you resort to legal process. Your lawyer will then write a
demand letter setting out the damage caused by the post and demand its
immediate retraction.
If the perpetrator is adamant
and does not adhere to the demands of the letter, then the matter
proceeds to the usual court process.
The court will then order for the false statement to be pulled down, an apology on the same medium and damages.
The
court will probably look at the number of followers or friends the
perpetrator has and how accessible the post is to the public. The higher
the number the more the damages.
There has been a lot of litigation around social media usage, the latest being a case where a WhatsApp administrator was sued.
The
court however held that he could not be held liable for defamatory
statements made on the group because the users of WhatsApp are able to
post without seeking the approval of the administrator.
Therefore,
as a WhatsApp administrator, set ground rules for your group and ensure
that offenders are warned in the event of misuse.
If there is a consistent misuse of the platform , it may be better to remove the offender from the group to minimise risk.
Cases
are told of successful applicants to an Ivy League university having
their admissions revoked due to misuse of a WhatsApp group.
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