Judi-Ann Edwards | Social media and the law

Social media has become so intertwined with our daily lives. It is difficult, if not impossible, to find an individual who does not use any form of social media, whether Instagram, Facebook, Twitter, Snapchat, Pinterest, Youtube or WhatsApp. According to statista.com, in 2018, an estimated 2.65 billion people were using social media worldwide. This number is projected to increase to almost 3.1 billion by 2021.

This widespread use of social media has revolutionised socialisation and communication, as it provides a space for us to share information, communicate with others, express ourselves and stay informed. Unfortunately, the average user is not aware of the legal ramifications associated with social media use. Like social media, the law has evolved to address the cyber concerns and risks associated with its use.

As we celebrate Cybersecurity Awareness Month, the following are some legal considerations that should guide the use of social media and emphasise the importance of being a responsible user:

“What can’t I post on social media? I have a right to freedom of expression, so that means I have the right to post and share anything I want to.”

It is correct to say that social media provides the opportunity for expression to a large audience, to provide social commentary and to voice an unfiltered opinion about anyone and anything. Social media is also an excellent platform to publish varying content. Today, persons use this platform to promote their businesses and personal talent. There are many success stories of those who are able to make a living solely on online publications.

However, there are individuals who use this platform to name and shame persons. Unfortunately, the veil of typing or recording a message from behind a screen oftentimes empowers some users to be reckless in their expressions. Such conduct may constitute a criminal offence in certain circumstances. The Cybercrimes Act 2015 prohibits using a computer to send to another person any data that is obscene, constitutes a threat or menacing in nature with the intention to cause harm or to harass any person. Cyberbullying, cyberstalking, revenge porn or any other offensive content can fall under this section once the material sent satisfies the provisions of the act.

CHILD PORNOGRAPHY

Our ability to share on social media is not limited to text, as it is typical to share videos, photos, memes and other media. Is everything that is shared lawful or is some content strictly forbidden by law? The Child Pornography (Prevention) Act seeks to protect the interest of children. It criminalises the creation, possession, and distribution of images or content which depicts a child in a sexual manner.

The circulation of pornographic material involving children could result in criminal liability for:

1. The person who creates the pornographic content

2. The person who transmits it

3. The person who downloaded or accessed the material

4. The person who has the content in his possession on phone or any other device.

The social media culture encourages users to share indiscriminately, without any regard for criminal sanctions.

So next time, before that exciting video is shared, that text is sent or that opinion is expressed, one should be cautious, as whatever is shared can result in criminal liability.

In closing, it is important that persons who use social media are aware of the legal and regulatory framework surrounding the use of such media to communicate. Social media should never be used to transmit sexual images or videos depicting children. Neither should it be used to threaten or to transmit obsence images of adults without their consent.

Let’s be cyber aware and encourage safety and respect for others as we use such digital platforms.

Judi-Ann Edwards is a Crown Counsel and member of the Cybercrime Unit at the Office of the Director of Public Prosecutions. Email feedback to columns@gleanerjm.com