, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
Compile a document of no less than 2500 words in which you reflect on the issues below.
1. In the case of H v W, Judge Nigel Willis had this to say "...The law has to take into account
changing realities not only technologically but also socially or else it will lose credibility in the
eyes of the people. without credibility, law loses legitimacy. If law lose legitimacy, it loses
acceptance, If it loses acceptance, it loses obedience. It is imperative that the courts respond
appropriately to changing times, acting cautiously and with wisdom." With that in mind:
1.1. What is the impact of social media on the constitutional right to Privacy.
The impact of social media on the constitutional right to privacy has become increasingly significant
in recent years. Social media platforms facilitate the widespread sharing of personal information,
often without users fully understanding the implications of their actions. The constitutional right to
privacy, as enshrined in Section 14 of the South African Constitution, is being eroded by the
voluntary sharing of data, photos, and personal experiences on these platforms (Mkhize, 2021).
While social media enables self-expression and connectivity, it also opens the door for potential
misuse of personal information by third parties, including advertisers, government agencies, and
malicious actors (Van der Merwe & Botha, 2020). The rapid spread of personal data compromises
individuals' control over their own privacy, leading to concerns about the ability of traditional legal
frameworks to adequately protect this fundamental right in the digital age (Smith, 2019).
1.2. What is the impact of social media on the constitutional right to Freedom of expression.
Social media has both enhanced and complicated the constitutional right to freedom of expression, as
outlined in Section 16 of the South African Constitution. On the one hand, social media provides
individuals with a powerful platform for self-expression, facilitating the free exchange of ideas and
opinions (Coetzee, 2021). It has democratized access to information and empowered marginalized
voices. However, the unregulated nature of online discourse has also led to the spread of harmful
content, including hate speech, misinformation, and defamation (Rautenbach, 2020). While the
Constitution protects freedom of expression, these challenges raise questions about the boundaries of
this right in the digital realm. Courts must balance the protection of free speech with the need to
protect individuals and society from online harm (Van Wyk, 2022).
1.3. What is the impact of social media on racism?
Social media has amplified both the visibility and perpetuation of racism, with significant
implications for individuals and communities. While platforms have provided a space for anti-racist
movements to organize and share their messages, they have also become breeding grounds for racist
discourse (Harrison & Mthembu, 2020). The anonymity and reach of social media allow individuals
to engage in hate speech and discriminatory behavior with minimal accountability, often escalating
tensions between racial groups (Ngcobo, 2021). Moreover, social media algorithms tend to reinforce
echo chambers, where individuals are exposed primarily to views that align with their own,
deepening racial divides (Smith & Pillay, 2022). This dual impact raises concerns about the role of
social media in either challenging or exacerbating systemic racism.
Compile a document of no less than 2500 words in which you reflect on the issues below.
1. In the case of H v W, Judge Nigel Willis had this to say "...The law has to take into account
changing realities not only technologically but also socially or else it will lose credibility in the
eyes of the people. without credibility, law loses legitimacy. If law lose legitimacy, it loses
acceptance, If it loses acceptance, it loses obedience. It is imperative that the courts respond
appropriately to changing times, acting cautiously and with wisdom." With that in mind:
1.1. What is the impact of social media on the constitutional right to Privacy.
The impact of social media on the constitutional right to privacy has become increasingly significant
in recent years. Social media platforms facilitate the widespread sharing of personal information,
often without users fully understanding the implications of their actions. The constitutional right to
privacy, as enshrined in Section 14 of the South African Constitution, is being eroded by the
voluntary sharing of data, photos, and personal experiences on these platforms (Mkhize, 2021).
While social media enables self-expression and connectivity, it also opens the door for potential
misuse of personal information by third parties, including advertisers, government agencies, and
malicious actors (Van der Merwe & Botha, 2020). The rapid spread of personal data compromises
individuals' control over their own privacy, leading to concerns about the ability of traditional legal
frameworks to adequately protect this fundamental right in the digital age (Smith, 2019).
1.2. What is the impact of social media on the constitutional right to Freedom of expression.
Social media has both enhanced and complicated the constitutional right to freedom of expression, as
outlined in Section 16 of the South African Constitution. On the one hand, social media provides
individuals with a powerful platform for self-expression, facilitating the free exchange of ideas and
opinions (Coetzee, 2021). It has democratized access to information and empowered marginalized
voices. However, the unregulated nature of online discourse has also led to the spread of harmful
content, including hate speech, misinformation, and defamation (Rautenbach, 2020). While the
Constitution protects freedom of expression, these challenges raise questions about the boundaries of
this right in the digital realm. Courts must balance the protection of free speech with the need to
protect individuals and society from online harm (Van Wyk, 2022).
1.3. What is the impact of social media on racism?
Social media has amplified both the visibility and perpetuation of racism, with significant
implications for individuals and communities. While platforms have provided a space for anti-racist
movements to organize and share their messages, they have also become breeding grounds for racist
discourse (Harrison & Mthembu, 2020). The anonymity and reach of social media allow individuals
to engage in hate speech and discriminatory behavior with minimal accountability, often escalating
tensions between racial groups (Ngcobo, 2021). Moreover, social media algorithms tend to reinforce
echo chambers, where individuals are exposed primarily to views that align with their own,
deepening racial divides (Smith & Pillay, 2022). This dual impact raises concerns about the role of
social media in either challenging or exacerbating systemic racism.
