The Dangers of Social Media

“Your freedom of speech ends where the rights of others begin.” This is what Namibian University of Science and Technology (NUST) media law lecturer Emily Brown says during her classes.

These sentiments however don’t always seem to exist on social media as words, opinions and even insults are flung around, causing tidal waves of problems and friction between individuals, groups and as we’ve seen, even entire tribes and races.

As beneficial as social media may be in keeping in touch with others and what’s going on in the world, it can be detrimental if abused or used incorrectly.

This is the gist of what Johannesburg-based social media law expert and consultant Emma Sadleir deals with every day.

Sadleir, an attorney and social media law expert, deals with all elements of print and electronic media law, particularly focusing on defamation, privacy and social media law.

Courtesy of Standard Bank Namibia, Sadleir recently presented a lecture at the National Theatre of Namibia, where she discussed the dangers of social media and the digital world.

“We know the intricate role social media has in the lives of individuals and business operations and therefore saw the need to showcase the legal implications and reputational impact that these fast-paced digital platforms can have on users and businesses alike, if used inappropriately,” said Standard Bank’s acting head of marketing, Sigrid Tjijorokisa.

Taking to the stage, Sadleir kicked off her talk in which she reminded the audience that “digital content is dangerous content”. She backed up this statement by likening the online world to a giant billboard.

If you wouldn’t put a certain message, along with your picture and personal information, on a giant billboard, you shouldn’t let it exist on a digital device, not to mention social media, she said.

Sadleir explained the danger that digital devices such as smart phones and laptops hold due to three key features, namely the internet, screenshot capabilities and a camera. “The internet offers a permanent public platform; screenshots render transit communication permanent and cameras document everything. Once this content is on these digital devices, it can be accessed by various social media sites or is at risk of being stolen by hackers.”

Therefore, not even the content we hold ‘privately’ on our devices is safe, explained Sadleir, who is the co-author of the book ‘Don’t Film Yourself Having Sex and Other Legal Advice for the Age of Social Media’.

“The best of social media is that it gives everyone a voice and the worst of social media is that it gives everybody a voice,” Sadleir said.

That voice can sometimes be a good thing, however it shouldn’t be abused.

Sadleir explained that similarly to print media, the legal implications and consequences apply to what is posted on social media, even if it is only seen by one other person. Thus anything you say on social media can and will be used against you.

Sadleir went on to mention that people caught out on platforms such as Facebook and Twitter for having problematic posts sometimes claim the defense of “it wasn’t me”, “my account has been hacked” or “I was just joking”. She pointed out that what you post – be it illegal or obscene – is documented online and could result in legal disciplinary action.

Social media expert Rob Parker offered his insight on the dangers of ill thought out comments on social media.

“You can do either one of two things,” Parker said. “You can say what you want or you can have a public profile.”

Parker runs his own business so opts not to use his personal social media accounts for his business activities. Instead, he only has his close friends on his personal accounts.

Parker has previously landed himself in hot water when he expressed his negative opinion about a local weekly newspaper who then came gunning for him in response. Parker said although he stands by his point, saying what you want on social media is not always the smartest thing to do.

According to Article 13, Chapter 3 of the Namibian Constitution, every Namibian citizen has the right to privacy.

Sadleir pointed out that sometimes on social media, some people may feel that their right to privacy has been infringed upon, however she highlighted that unless a “reasonable expectation of privacy” has been established, issues of consent and public interest could be used as a defence.

“If you do not look after your privacy, you will not have any… If you have never been on social media you have a higher expectation of privacy than someone who is,” Sadleir said, giving the example of when a person such as herself is on stage at an event, her privacy would not be necessarily be invaded if someone took a photo of her, unless she asked for it not to be done. On the contrary, if someone takes a photo of her, privately in her hotel room, issues of invasion of privacy come up – provided the photograph is not in the public’s interest (her doing something illegal perhaps).

Parker said people should consider what they want to achieve with their social media and their brand. “Do you have a job where it matters what you say and do?”

He pointed out that certain jobs are more lenient to what is said and done in the digital world than others. For instance, a member of parliament wouldn’t be able to publicly display their dislike towards a newspaper, or talk badly about another country on social media without facing harsh consequences.

“I don’t want to tell people not to say what is relevant on social media. Just realise the consequences to what you say and do,” Parker said.

What is private one day on social media might not be private the next day, therefore if there is something posted about you you are not happy with, say so and have it removed, Sadleir said.

“All laws that apply in real life apply on social media. This also extends to codes of ethics, professional codes, industry regulations and guideline and contractual obligations. Unfortunately we are breeding a generation of digital natives who only know about life online, not knowing that these online activities can get them into trouble in real life,” she reiterated.

Sadleir mentioned that Facebook owns other social media platforms such as Instagram and WhatsApp and is approximately worth U$390 billlion, despite rendering free services to their users. “If you get something for free on the internet, you are the product,” Sadleir explained. “If someone gives you something for free, they don’t owe you anything. If you don’t like what they do with your information, discontinue using their services. Learn what you are giving up,” she added.