What's private on WhatsApp?

On Monday well-known businessman Mzwanele Manyi won a defamation lawsuit against #FeesMustFall activist Mcebo Dlamini, who had called made unflattering remarks about him in a WhatsApp group.

This then raised questions around privacy in WhatsApp groups and where the law stands around the admissibility of evidence gathered from such groups.

So, what are the rules of engagement when it comes to these issues?

READ: 'Basetsana Kumalo explained to me that this was the worst week of her life'

Lawyer Verlie Oosthuizen says while people can give declarations and disclaimers at the beginning of WhatsApp groups it doesn't that will protect them against a case of defamation.

She adds that while disclaimers may show an intention on the part of the person that the views submitted are their own, it doesn't get them off the hook completely.

It doesn't protect you completely, it obviously shows that you are aware of the fact that you could be bringing other people into it, that shouldn't be.

Verlie Oosthuizen, Partner at Shepstone and Wylie Attorneys Social Media Law Department

Listen below to the full interview:


This article first appeared on 702 : What's private on WhatsApp?


Recommended

by NEWSROOM AI
Read More
'Gag order' against Holomisa will not make bad publicity go away - Karyn Maughan

'Gag order' against Holomisa will not make bad publicity go away - Karyn Maughan

The court ordered Holomisa to stop repeating corruption claims implicating Lebashe Investment Group and other PIC associates.

Holomisa adamant, Lebashe Investment suing the general over corruption claims

Holomisa adamant, Lebashe Investment suing the general over corruption claims

UDM leader Bantu Holomisa says he is ready to face those who are taking him to court.

'Basetsana Kumalo explained to me that this was the worst week of her life'

'Basetsana Kumalo explained to me that this was the worst week of her life'

Social Media Law Expert, Emma Sadleir, says the Randburg court has issued a protection order for the Kumalo's.

[WATCH] What message is Tendai Ndoro's actions sending to young boys?

[WATCH] What message is Tendai Ndoro's actions sending to young boys?

Bongani Bingwa asks why would Tendai Ndoro be worried if Safa boss, Danny Jordaan, has not faced any consequences.

Bongani Bingwa: 'Danny Jordaan's defamation charge is an assault to all women'

Bongani Bingwa: 'Danny Jordaan's defamation charge is an assault to all women'

Bongani Bingwa shares his views on Danny Jordaan's defamation case against Jennifer Ferguson and Dr Irvin Khoza.

[LISTEN] Richard Baird recounts the night Judge Motata smashed into his wall

[LISTEN] Richard Baird recounts the night Judge Motata smashed into his wall

Richard Baird describes how Judge Nkola Motata hurled racial insults at him and it has had a detrimental effect on his life.

Atlantis moms push police to probe widespread 'jintoe list' naming minors

Atlantis moms push police to probe widespread 'jintoe list' naming minors

A list, naming 31 minors from Atlantis, in Cape Town, details the sexual acts that the school children were allegedly involved in.

'I believe you, Danny Jordaan is a rapist': Eusebius to Jennifer Ferguson

'I believe you, Danny Jordaan is a rapist': Eusebius to Jennifer Ferguson

Activist and musician Jennifer Ferguson, says she has not ruled out the route of a civil court regarding her rape claim.

I would like to see Danny stand with his spine erect - Jennifer Ferguson

I would like to see Danny stand with his spine erect - Jennifer Ferguson

The woman accusing Safa boss Danny Jordaan of raping her 20 years ago says she is now in talks with her legal friends.

Jordaan prepared to prove innocence in court, say lawyers

Jordaan prepared to prove innocence in court, say lawyers

Safa boss Danny Jordaan's lawyers say he won't sue former ANC MP Jennifer Ferguson for defamation, reports EWN's Mia Lindeque.

If Jordaan is innocent as he claims, he must sue for defamation - Bongani Bingwa

If Jordaan is innocent as he claims, he must sue for defamation - Bongani Bingwa

Safa President, Danny Jordaan has broken the silence on rape allegations against him and denies ever raping Jennifer Ferguson.

What sort of connection do South Africans have with celebs?

What sort of connection do South Africans have with celebs?

Celebrities find themselves having to give up certain aspects of their lives due to their lives being under a microscope.

Popular articles
[LISTEN] Court to rule if state should continue paying Zuma’s legal fees

[LISTEN] Court to rule if state should continue paying Zuma’s legal fees

Former president Jacob Zuma will hear on Thursday whether he will have to foot the bill for his corruption case.

Hawks nab seven traffic officials in Khayelitsha for taking bribes

Hawks nab seven traffic officials in Khayelitsha for taking bribes

Western Cape Hawks spokesperson says those who paid the bribes will also be arrested.

Storm in a 'G' Cup -  why are SA clothing retailers ignoring big-breasted women?

Storm in a 'G' Cup - why are SA clothing retailers ignoring big-breasted women?

Many women say they are forced to buy bras from overseas and import them to SA at great expense.

Popular shoe brand Vans ask Ackermans to remove "knock-offs" from shelves

Popular shoe brand Vans ask Ackermans to remove "knock-offs" from shelves

Vans' brand manager says although this is a recurring problem its main concern is that this particular "fake" is a very close copy.

10 safety tips from Sanparks following latest robbery at Table Mountain camp

10 safety tips from Sanparks following latest robbery at Table Mountain camp

The Slangkop Tented Camp in Kommetjie was hit by thieves the weekend. Here's advice on how to keep safe in the area.

Here's how to check your load shedding schedule in Cape Town

Here's how to check your load shedding schedule in Cape Town

Eskom has warned that more power cuts can be expected as maintenance continues over the next twelve months.