When does Abuse of Social Media constitute a Crime? – A South African Legal Perspective within a Global Context

Abstract

Each day many millions of communications take place by means of social media. Communication via social media has not created new behaviour but merely facilitates old behaviour, but due to its characteristics such communication may have in some instances devastating consequences which were not possible prior to the availability of social media. The question arises how should social media usage be governed and more specifically, what role if any the criminal law should full-fill in this regard? For example, when does social media usage amount to abuse and if the communication does amount to abuse, should such conduct be criminalized? The effect such criminalization might have on human rights is but one of the relevant factors that should be considered in this regard. The paper also investigates emergent legal developments pertaining to the criminalization of communication. The topic touches on a variety of issues that necessitate a discussion within a global context as socialization and democratisation of information is becoming an integral part of the global society. Although the discussion emanate from a South African perspective, a legal comparative approach is followed as social media abuse is a global phenomenon affecting various countries.