Could Your “Like” Land You in Legal Trouble?

Social media is second nature – we like, share, repost and tag without thinking twice. But did you know that a simple click could have legal consequences?

Defamation online is real. Our courts treat posts, tweets, and shares just like traditional publications. Cases such as Heroldt v Wills 2013 (2) SA 530 (GSJ) and Isparta v Richter and Another 2013 (6) SA 529 (GP) show that even tagging someone or failing to distance yourself from a defamatory post could render you liable. And retweets? They can increase your risk and damages, as was confirmed in the case of Economic Freedom Fighters and Others v Manuel 2020 (6) SA 598 (SCA).

What about a “Like”? While no South African court has specifically ruled on this yet, legal principles suggest that endorsing harmful content could count as publication – especially if it spreads the content further. It is important to note that liability is not limited to those who author or share defamatory content. Individuals may also be held liable if they are tagged in defamatory material and fail to disassociate themselves or if they administer a page or group and neglect to remove defamatory remarks after becoming aware of them.

Understanding Defamation 

Defamation is defined as the wrongful and intentional publication of words or conduct concerning another person, which injures their reputation, dignity, or good name. In our law, defamation constitutes a delict of injuria and may give rise to legal and financial consequences for the wrongdoer.

Our courts have confirmed that online publications are treated in the same manner as traditional forms of publication in defamation matters. A statement will be regarded as defamatory if a reasonable person and/or a certain group of persons would interpret it as conveying a meaning that is harmful to the reputation of another individual.

How to protect yourself:

• Think before you like, share, or comment.
• Untag yourself from harmful posts.
• Remove defamatory remarks if you manage pages or groups.
• Take quick remedial action if you engage with damaging content.

In short, a casual click could have serious consequences. Treat every online interaction as if it’s public – because it is. If you wouldn’t say it to someone’s face or post it on a billboard, don’t post it on social media- its that simple.

(This article is for information only and not legal advice. Speak to an attorney for guidance on your specific situation.)