So sue me? OK, we will, troll victims decide
The days of trolling celebrities on social media with impunity are all but over as more public figures fight back.
Jackie Phamotse, an author, motivational speaker, business owner and model, is the latest to feel the force of the law.
On Friday, she was summoned to the Midrand police station in Gauteng, where she was instructed to appear in the Randburg magistrate’s court on July 10 to face a charge of crimen injuria.
The charge relates to comments she made last year about power couple Romeo and Basetsana Kumalo, according to the couple’s lawyer Ian Levitt.
Though she did not name the couple, she implied Romeo had appeared in a sex video. The couple obtained an interdict preventing Phamotse from commenting on their personal lives, and magistrate Helen Banks ruled that Phamotse would be arrested if she violated the order.
Undeterred, Phamotse released a book, I
Tweet What I Like … So Sue Me, in November last year in which she wrote about the incident.
She told reporters at the time: “I am tired of people using their power to manipulate the system. My mission is simple: I want everyone to get a voice, stand up and take back your power.”
Asked whether she was concerned about the legal implications, Phamotse said: “I am not supposed to say anything, I am not supposed to write anything on social media, but [the book] is my answer.”
Gauteng police spokesperson Brig Mathapelo Peters on Friday confirmed that a crimen injuria case had been opened but declined to give further details.
“We are not at liberty to disclose or confirm the identity of either the complainant or the accused, and can also not comment on any aspect of this case until it has gone to court,” Peters said.
Phamotse did not respond to calls and text messages on Friday.
Last year, businessperson Uyanda Mbuli won a case she brought again socialite Joyce Molamu over accusations Molamu made on Facebook.
Molamu was found guilty of crimen injuria for accusing Mbuli of trying to steal her boyfriend, Kind Maseko.
At the time, Mbuli said Molamu’s actions had damaged her image. She told the Sunday Times on Friday: “When I took action to sue … in 2017, such cases arising from social media defamation were unheard of in SA. My victory in March 2018 laid a solid foundation for many public figures to protect … their names on social media. I’m glad people are now aware that they have a constitutional right to take the necessary legal action.”
Social media lawyer Verlie Oosthuizen said there had been an increase in people, particularly celebrities, taking legal action, because they relied on social media to market themselves and their “brand”.
“Being bullied by trolls need not be tolerated despite their decision to live in the limelight. They do have a right to dignity and reputation and are protecting themselves in an age where it is far easier to be victimised by trolls than in the past.”
Oosthuizen said there was greater awareness around social media abuse, but social media was very new in legal terms and it took time for court precedent to catch up with changing society.
“There has been increased awareness that online defamation on social media is legally actionable and there are a number of options open to those victims of online abuse,” she said.
“Early on in the development of social media the public was largely oblivious to the legal ramifications of online abuse and there has definitely been a shift in perceptions.”
Oosthuizen said SA had a number of legislative and common law options available to victims.