Abstract
Litigation involving social media is still very new in South Africa and only a few reported cases can be found. In this case discussion, a brief overview is given of the few cases already reported, but in the main the case of Isparta v Richter 2013 6 SA 4529 (GP) is discussed. In this case a South African court for the first time awarded damages to the plaintiff for defamatory comments made on Facebook. The questions that confronted the judge were whether the alleged defamatory statements did indeed relate to the plaintiff and whether the comments, individually or collectively, could be considered defamatory. The issue whether the "tagging" of another user of Facebook makes that user liable for the defamatory comments of the tagger is also addressed in the case. The case discussion concludes with a reference to other issues that could play a role in litigation involving Facebook, namely the Electronic Communications and Transactions Act 25 of 2002 and foreign law.
Highlights
In the case of Isparta v Richter 2013 6 SA 4529 (GP) the plaintiff instituted an action for defamation against the defendants following comments made by the first defendant on her "Facebook Wall"
Since litigation involving Facebook, or any other social network service for that matter, is still very new in South African law, previous South African court cases involving Facebook are briefly discussed in order to set the scene for the current discussion
The possible role of the Electronic Communications and Transactions Act 25 of 2002, which deals with electronic communications, is considered, even though it was not part of the final judgment in the Isparta-case
Summary
Those who make postings about others on the social media would be well advised to remove such postings immediately upon the request of an offended party. It will seldom be worth contesting one's obligation to do so. The social media is about building friendships around the world, rather than offending fellow human beings. Affirming bonds of affinity is what being 'social' is all about.
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