During the taxi strike in the Western Cape, “fake news” spread rapidly, circulating widely across social media platforms and messaging apps.
Regulation 11(5) of the Disaster Management Act, Government Gazette No: 43107 dated 18 March 2020, states that the dissemination of fake news is criminalised when published with intent to deceive.
In general, terms, if you make and share content knowing that it is false with unsupported facts or information, to mislead another person, you are guilty of a criminal offence. In posts, allegations of looting and imminent closures at malls such as Canal Walk, Watergate Mall and Blue Route Mall, a video showing a Golden Arrow bus under protester control, reports of schools being set ablaze or targeted during the taxi strike and of an Uber driver shot at Retreat Station, that was found to be fake. If found guilty of the criminal offence, you may be fined and/or sentenced to jail for a period not exceeding 6 months.
Now, what if I told you that you could also be criminally prosecuted for simply forwarding and/or sharing fake news on your social media platforms. We all know from the Oscar Pistorius trial that you can be found guilty of a criminal offence even if you did not have the direct intention to commit a criminal offence.
Everyone, therefore, has an added duty to ensure that any information you may share on your social media platforms is both factually true and correct. To be safe, it should be corroborated by a reputable news source before sharing. If you simply forward and/or share the “fake news” without bothering to ascertain whether the information is true, you could be criminally prosecuted and find yourself sentenced to jail.
Navigating the legal landscape surrounding online information sharing can be complex. If you have concerns about potential legal repercussions related to sharing content online, or if you believe you have been unfairly targeted or accused of spreading misinformation, we strongly encourage you to contact us. Our team of legal experts can provide you with confidential and professional guidance tailored to your specific situation. We can help you understand your rights and obligations under South African law, including the Disaster Management Act and related regulations. Contact us today for a consultation.
Matthew Ashworth
matthew@bbplaw.attorney
Senior Associate
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