Streaming issues? Report here
money-show-thumbnailjpg money-show-thumbnailjpg
The Money Show with Bruce Whitfield
18:00 - 20:00
volume_up
volume_mute

Up Next: Tonight with Lester Kiewit
See full line-up
The Money Show with Bruce Whitfield
18:00 - 20:00

Home
arrow_forward
Politics
fiber_manual_record
Local

EFF-Manuel ruling: 'It's an important judgment in this post-truth era'

3 June 2019 12:04 PM
Tags:
Economic Freedom Fighters
Former finance minister Trevor Manuel
Defamation
Social media law specialist Emma Sadleir says the rise of fake news has people thinking they can post what they like.

The Johannesburg High Court on Thursday ruled that comments made by the Economic Freedom Fighters (EFF) about former finance Trevor Manuel were "defamatory and false".

Manuel took legal action against the party for suggesting that South African Revenue Services (Sars) commissioner Edward Kieswetter’s appointment was based on nepotism.

Read: EFF to appeal Manuel defamation ruling

The court ordered the party to apologise to Manuel within 24 hours and pay R500,000 in damages.

The EFF has said that it will appeal this judgment and Manuel has told EWN that he will donate the money he won from the suit to pensioners who lost their money in the VBS Mutual Bank collapse.

To dissect the judgment, Eusebius McKaiser speaks to social media law specialist Emma Sadleir.

Sadleir says it has been a principle in South African defamation law that even though we have robust protection of freedom of expression, that protection has never extended to falsehoods.

I think this is an important judgment of this post-truth era that we all live in, where there is so much fake news and people thinking that they can just post what they like on social networks. The law has never said that is ok. If you want to post what you like, then you must know what you are saying is both true and for the benefit of the public.

Emma Sadleir, Social media law specialist

She says the court found that the was no truth to the EFF's claims and if there was truth, the party would be entitled to post these statements.

Also read: Trevor Manuel threatens legal action against EFF for SARS commissioner claims

Strong opinions are protected in South African law, but that doesn't extend to where there is no truth.

Emma Sadleir, Social media law specialist

Sadlier adds that the reach of social media these days is far greater than the reach of a newspaper.

It is straightforward to sue someone for defamation. You only have to show three things, firstly that the defamatory act refers to you. Secondly, you have to show that it was published and the third thing is that the defamatory action affects your reputation.

Emma Sadleir, Social media law specialist

She says the court found that there was no truth substantial in the EFF's claims thus ruling in Manuel's favour.

Listen below to the full interview:


This article first appeared on 702 : EFF-Manuel ruling: 'It's an important judgment in this post-truth era'


3 June 2019 12:04 PM
Tags:
Economic Freedom Fighters
Former finance minister Trevor Manuel
Defamation

Recommended

More from Politics

eu1nvjcxsaannkkjpg

Mnguni: Ramaphosa has lost complete control of SA, unleashing Level 3 armageddon

27 May 2020 4:29 PM

Political analyst Lukhona Mnguni says the President has given in to religious interest groups historically aligned to the governing party.

Share this:
Read More arrow_forward

Church worship prayer religion faith christianity

Churches easily become ‘super-spreader’ hotspots – why open them, not salons?

27 May 2020 2:54 PM

"Our restaurants are crippled! Please explain why gathering 50 people in a church is OK, but we can’t open," asks Wendy Alberts.

Share this:
Read More arrow_forward

Church worship religion 123rflifestyle 123rf

Church leaders discuss the enormous challenges of opening up services in level 3

27 May 2020 8:41 AM

It is a dilemma. Online services exclude the poor but religious services have caused Covid-19 cluster outbreaks worldwide.

Share this:
Read More arrow_forward

Cigarettes and alcohol 123rfbusiness 123rflifestyle 123rf

Ban on alcohol and tobacco has had harmful effects - SA Drug Policy Initiative

26 May 2020 12:35 PM

The SA Drug Policy Initiative says the prohibition of booze and cigarettes has had harmful health, social, economic, and criminal effects.

Share this:
Read More arrow_forward

john steenhuisen

More court cases are coming, particularly relating to the cigarette ban - DA

25 May 2020 1:34 PM

We must now try and rescue what's left of the economy, says Democratic Alliance (DA) leader John Steenhuisen.

Share this:
Read More arrow_forward

glenda-graygif

Analyst Prof Lesiba Teffo slams SAMRC's throwing Dr Glenda Gray under the bus

25 May 2020 1:08 PM

Teffo says the board's decision will not pass the test of rationality in a court of law in South Africa if it were challenged.

Share this:
Read More arrow_forward

20200425ndzonlevel4jpg

Cigarette ban: Is it because Government cares? Is it ANC factional politics?

25 May 2020 11:40 AM

Is there something more to the cigarette ban, asks political analyst Sanusha Naidoo. Why cigarettes and not alcohol?

Share this:
Read More arrow_forward

200422-cigarettes-edjpg

Health Dep DG: Smoking is affecting smokers, it's not affecting anybody else

25 May 2020 7:24 AM

National Health Director-General Dr Anban Pillay explains Lockdown level 3 which will be implemented from 1 June.

Share this:
Read More arrow_forward

Lockdown levels South Africa Covid-19 coronavirus 123rf

[GRAPHICS] Lockdown level 3 at a glance

24 May 2020 9:28 PM

The Presidency of the Republic of South Africa released these key points outlining the level 3 lockdown for the country from 1 June.

Share this:
Read More arrow_forward

president-cyril-ramaphosa-24-maypng

Level 3 from 1 June: Exercise hours relaxed, alcohol ban lifted, but no ciggies

24 May 2020 8:17 PM

President Cyril Ramaphosa announced in an address to the nation that SA will move down to Level 3 lockdown from 1 June.

Share this:
Read More arrow_forward

More from Local

200331-sassa-pensions-edjpg

Mitchell’s Plain residents are outside looking for food, says soup kitchen boss

27 May 2020 5:13 PM

Most poor people living in Mitchell’s Plain are more worried about where their next meal will come from than they are about Covid-19.

Share this:
Read More arrow_forward

Hairdresser hair salon small business 123rflocal 123rfbusiness 123rf

'A lot of us can't put food on the table - Hairdressers in court bid to reopen

27 May 2020 4:51 PM

South African hairdressers are heading to court to ask that they be allowed to open under level 3 of the national lockdown.

Share this:
Read More arrow_forward

eu1nvjcxsaannkkjpg

Mnguni: Ramaphosa has lost complete control of SA, unleashing Level 3 armageddon

27 May 2020 4:29 PM

Political analyst Lukhona Mnguni says the President has given in to religious interest groups historically aligned to the governing party.

Share this:
Read More arrow_forward

Depression sad lonely

Experts share their tips on how to combat Covid-19 loneliness

27 May 2020 4:00 PM

Social distancing and lockdown have forced many of us into solitude and for some that has brought a sense of extreme loneliness.

Share this:
Read More arrow_forward

180821googlwgif

Would a Covid-19 contact-tracing app help curb coronavirus in South Africa?

27 May 2020 2:39 PM

Lester Kiewit asks why, when so many tracing apps exist, is contact-tracing being done manually in South Africa?

Share this:
Read More arrow_forward

glenda-graygif

SAMRC denies backtracking over investigation into Prof Glenda Gray's comments

27 May 2020 1:23 PM

The SAMRC says an apology issued to the Health Department on Monday was not meant as an apology for Prof Gray's comments.

Share this:
Read More arrow_forward

the-firepit-compnay-facebook-png

One-of-a-kind bespoke fire pits will warm the cockles of your heart and home

27 May 2020 1:15 PM

The Firepit Company creates designer spherical fire pits and steel sculptures and gets a #CapeTalkShoutOut with Ninety One.

Share this:
Read More arrow_forward

churchgif

Pastors can rotate services to meet Level 3 limit of 50 - SA Council of Churches

27 May 2020 12:58 PM

The South African Council of Churches (SACC) advises that religious leaders with large congregations rotate their church services under level 3 lockdown.

Share this:
Read More arrow_forward

200423 Clarkes Estate Elsies River

A tale of two suburbs: Covid-19 in Bonteheuwel and Elsies River

27 May 2020 12:49 PM

We take a look at how communities in two of the most impoverished suburbs in Cape Town are dealing with the Covid-19 crisis.

Share this:
Read More arrow_forward

thiart-coffee-shopsave-your-faves-croppedjpg

Support ThiArt Coffee and help protect livelihoods in Clanwilliam and Vredendal

27 May 2020 12:08 PM

ThiArt Coffee is an independent coffee shop and restaurant operating in Clanwilliam and Vredendal. They need help surviving the lockdown.

Share this:
Read More arrow_forward