Since the platform is open to abuse and misconceptions, a lot is riding on WhatsApp group admins and chat members to play it down the line when interacting online.
At the end of the day, all conversations, no matter how private, can be subject to the conditions of a number of different South African regulations and laws.
Nkuna explained that companies could be held vicariously liable if defamatory content is published under the banner of its name or using its resources. “Companies need to take the necessary precautions, have policies in place, monitor and educate their employees, and also tell them of what the consequences of breaching its policies or harming its good name would be,” she said.According to Nkuna, something is defamatory when “a reasonable person of ordinary intelligence might have reasonably understood the words to convey a meaning that is defamatory of the person with the complaint”.
“On one hand, you need to consider the legislation and regulations that can impact these communications, and on the other are the rules your company implements around what can and cannot be said on this platform.”
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