In recent months there has been a lot of media attention regarding one’s liability, as a Group Admin, on a WhatsApp group. Surely the Group Admin cannot be held responsible for content posted by other users, on a group, or can they? What is the current situation in South Africa when it comes to content posted on WhatsApp?
Firstly, the issue of liability of a Group Admin of a WhatsApp group, is largely untested in the South African Courts, but, over the next few years, the law, as interpreted by our Courts, will however, become clearer. There are, however, legal implications for posting content online and don’t be misguided when you are led to believe that WhatsApp is not an online platform. Content which are shared on WhatsApp, still have legal implications.
Group admins have a responsibility to ensure that content posted on groups is not illegal, offensive, defamatory, or of a racial nature. While a group admin does not have any control over what other users post, group admins have the ability to distance themselves from such posted content by stating that such content is not allowed on the group. They may also act by deleting the post and/or by deleting transgressing members from the group.
The Cybercrimes Act 19 of 2020 has created the above mentioned, as well as other conduct and even threats to people as offences and therefore group admins must be very mindful of illegal content posted on their groups. No doubt that in every situation the specific circumstances will be considered, but it remains advisable to group admins, to vocally distance themselves from certain content posted on their groups by: 1) advising transgressors of the illegal nature of the content which they posted, 2) deleting transgressors from the groups, due to the illegal nature of their post, and 3) deleting posts with illegal content, from the group.
Be mindful and careful and don’t let other users, who do not comply with the law and/or the rules of the group, have an adverse effect on you.
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