2 2025 – DUE 10 November 2025; 100% correct solutions
and explanations.
Question 1: H v W and the Impact of Social Media
1.1 Impact of Social Media on the Constitutional Right to Privacy (≈125 words)
The constitutional right to privacy protects individuals from unjustified intrusions into
their personal lives. However, social media platforms such as Facebook, Instagram,
TikTok, and X (Twitter) blur the line between private and public life. By posting
online, people often voluntarily share information that was once private, including
their location, opinions, and personal relationships. While this can foster connection,
it also creates risks, as personal data is often harvested by companies, hackers, or even
state institutions. In South Africa, the Protection of Personal Information Act (POPIA)
attempts to regulate this, but challenges remain because many individuals do not fully
understand the implications of oversharing. Social media therefore weakens
traditional notions of privacy, requiring courts and lawmakers to balance openness
with protection of fundamental rights.
1.2 Impact of Social Media on the Constitutional Right to Freedom of Expression
(≈125 words)
Social media has dramatically expanded the constitutional right to freedom of
expression by giving individuals platforms to share their views instantly with a wide
audience. In South Africa, this has empowered citizens to engage in political
discourse, expose corruption, and mobilise for social change, as seen with movements
like #FeesMustFall and #AmINext. However, this freedom is not absolute and can
clash with other rights such as dignity, equality, and safety. The spread of hate speech,
misinformation, and incitement to violence shows the double-edged nature of online
expression. Courts have had to address cases where online posts cross legal and
ethical boundaries. Thus, while social media strengthens freedom of expression, it
also requires responsible use and balanced regulation to prevent harm.
1.3 Impact of Social Media on Racism (≈125 words)