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What does the law say about naming and shaming?

8 November 2016 9:14 AM

An independent media lawyer advises on the legalities of naming and shaming people.

Wouldn't it be nice to name and shame people who are corrupt or a neighbour who uses sprinklers during Level 3 water restrictions while your yard looks like the Sahara desert?

There are websites where people go to name and shame others and some do it on their own social media accounts.

But what does the law say about naming and shaming other people?

CapeTalk's Kieno Kammies spoke to Ben Winks, independent media lawyer, to find out if these websites are operating within the law.

The risk is that people might be wrongfully accused and the person who named and shamed might face defamation charges.

Ben Winks, independent media lawyer

Winks says the naming and shaming on websites or social media poses risks to the owner of that website.

If someone is aggrieved they send a take down notification to the web-host... if they (web host) fails to do that then they could also be liable.

Ben Winks, Independent Media lawyer

Listen below to hear what the law says about naming and shaming:


This article first appeared on CapeTalk : What does the law say about naming and shaming?


8 November 2016 9:14 AM