These WhatsApp messages can cause legal trouble for group admins and companies in South Africa

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MyBroadband spoke to Cliffe Dekker Hofmeyr director of employment law, Phetheni Nkuna, about legally risky messages posted to WhatsApp groups in South Africa.

Under certain circumstances, companies and WhatsApp group admins might be held responsible for defamatory content posted online by employees and group members.

“It also needs to be considered whether the company was aware or if it, by conduct, encouraged the publication of that harmful or defamatory statement,” she said. However, Nkuna said although group admins could be held responsible for failing to delete harmful content, they can’t be held accountable for the content itself.

Nkuna explained that group admins might be at risk if they shared the information further or were aware of its publication but kept it implicit from their omission.Legal definition of defamation

 

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