Defamation and Social Media: Can You Get Into Legal Trouble for Your Posts?

Social Media Law

Social media makes it easy to share your experiences with the world. After a bad experience with a business or individual, many people post comments online out of anger, frustration, or a desire to warn others. Whether you call someone a thief, a scammer, dishonest, or post any other damaging comment, it is important to understand that you could be exposing yourself to serious legal risk.

In South African law, posting anything online that harms another person’s or a business’s reputation can amount to defamation. Defamation happens when someone publishes a statement that lowers another person’s standing in the eyes of society. This can happen through Facebook posts, Instagram stories, WhatsApp messages, reposts, Google reviews, and even private group chats. Once you publish something harmful, it is treated the same as publishing it in a newspaper or magazine.

Many people mistakenly believe that if they were telling the truth, they cannot get into trouble. This is not correct. In South Africa, once someone proves that a statement harmed their reputation, the law assumes that the publication was wrongful and intentional. It then becomes your burden to prove a defence. Truth alone is not enough. You must prove that what you said was true and that publishing it was in the public interest. Public interest means that the statement serves a broader benefit to society, not just that people might find it interesting. Complaints about personal grievances or business dealings do not usually qualify as being in the public interest.

It is also a mistake to think that just sharing your opinion will protect you. If you post something that damages another’s reputation, it can still be defamatory even if you phrased it as your opinion. Saying "In my opinion, this person is a crook" will not save you if the post causes harm and you cannot justify it properly in law.

Importantly, even sharing or reposting someone else's defamatory post can make you legally responsible. South African law treats every fresh act of sharing as a new publication. If you share a damaging post written by someone else, you can be sued just as if you wrote it yourself.

The courts take online defamation very seriously. People have been ordered to pay damages for posts they thought were harmless or justified at the time. Legal action can include claims for money damages, court orders to remove posts, public apologies, and even interdicts to prevent further harm.

A simple rule to follow is this: if you would not be willing to stand in a courtroom, take an oath, and repeat the words you posted, it is safer not to publish them at all. The emotional satisfaction of venting online is not worth the financial and reputational risks that come with a defamation claim.

If you believe you have been defamed online, or if you are worried that something you posted might cause legal problems, it is important to get proper legal advice before taking further action. Protecting your rights and your reputation requires a careful and lawful approach.

At Spence Attorneys, we assist clients with defamation claims, online reputation protection, and legal risk management. If you need assistance, contact us for professional advice tailored to your situation. Get in touch- info@spenceclaw.co.za

Disclaimer: This article is for information purposes only and does not constitute legal advice. Always consult a qualified attorney for advice based on your specific circumstances.