, SJD1501 ASSIGNMENT 7 PORTFOLIO SEMESTER 2
DUE DATE 10 NOVEMBER 2025
Question 1
1.1 The Impact of Social Media on the Constitutional Right to Privacy
The rise of social media has significantly affected the constitutional right to privacy,
as protected under section 14 of the Constitution of the Republic of South Africa,
1996. Individuals often disclose personal information on platforms such as
Facebook, Instagram, and X (formerly Twitter), unintentionally limiting their
expectation of privacy. Once shared online, information may be stored, replicated, or
misused without consent, exposing individuals to identity theft and defamation
(Currie & De Waal, 2013). In H v W (2013 ZAGPJHC 1), the court recognised that
technological changes require an evolving interpretation of privacy rights. While
digital platforms enhance communication, they simultaneously compel courts to
strike a careful balance between personal autonomy, human dignity, and the
collective benefits of online participation.
1.2 The Impact of Social Media on the Constitutional Right to Freedom of
Expression
Social media has expanded the constitutional right to freedom of expression,
enshrined in section 16 of the Constitution, by allowing individuals to share opinions
and participate in democratic dialogue. Platforms such as X and TikTok have
empowered citizens to challenge injustices and promote transparency. However, this
freedom is limited by the prohibition of hate speech, defamation, and incitement to
violence, as outlined in the Promotion of Equality and Prevention of Unfair
Discrimination Act 4 of 2000. The courts have stressed, as in H v W (2013), that
digital communication requires responsible expression and awareness of its potential
harm. Thus, while social media fosters open dialogue, it must be balanced with
dignity, equality, and social harmony.
DUE DATE 10 NOVEMBER 2025
Question 1
1.1 The Impact of Social Media on the Constitutional Right to Privacy
The rise of social media has significantly affected the constitutional right to privacy,
as protected under section 14 of the Constitution of the Republic of South Africa,
1996. Individuals often disclose personal information on platforms such as
Facebook, Instagram, and X (formerly Twitter), unintentionally limiting their
expectation of privacy. Once shared online, information may be stored, replicated, or
misused without consent, exposing individuals to identity theft and defamation
(Currie & De Waal, 2013). In H v W (2013 ZAGPJHC 1), the court recognised that
technological changes require an evolving interpretation of privacy rights. While
digital platforms enhance communication, they simultaneously compel courts to
strike a careful balance between personal autonomy, human dignity, and the
collective benefits of online participation.
1.2 The Impact of Social Media on the Constitutional Right to Freedom of
Expression
Social media has expanded the constitutional right to freedom of expression,
enshrined in section 16 of the Constitution, by allowing individuals to share opinions
and participate in democratic dialogue. Platforms such as X and TikTok have
empowered citizens to challenge injustices and promote transparency. However, this
freedom is limited by the prohibition of hate speech, defamation, and incitement to
violence, as outlined in the Promotion of Equality and Prevention of Unfair
Discrimination Act 4 of 2000. The courts have stressed, as in H v W (2013), that
digital communication requires responsible expression and awareness of its potential
harm. Thus, while social media fosters open dialogue, it must be balanced with
dignity, equality, and social harmony.
