An expert’s opinion on Social media ‘ethics’
Be aware! There are limits to the types of pictures that you can post as a user of social media.
Sadly there is no “social media ethics” class that users can take which will teach them how to use the medium responsibly and point out the pitfalls and dangers of posting certain forms of content. When journalists are trained they are subjected to many hours of instruction on journalistic ethics and the limits of press freedom. The types of photographs that are acceptable and unacceptable are carefully examined. There is no such equivalent for the average user and so their “better judgment” is the yardstick used.
Obviously taking a picture of an accident scene and posting it to Facebook or other social is extremely upsetting and potentially psychologically damaging for those subjected to its viewing and may have tragic consequences if an image of a fatally wounded loved one is seen. There is no real legal bar to this although an affected party could probably contact the social media platform administrators to block the image and warn the poster if appropriate. If a picture of a “criminal” is posted it may be more of a tricky situation in that the amateur photographer may be liable for defamation or an infringement of the person’s dignity where that person has not been charged or found guilty by proper law enforcement.
There are limits to the types of pictures that you can post as a user of social media. At the very least you could get barred by the site itself and at worst fall foul of the law.
VERLIE OOSTHUIZEN
Shepstone & Wylie Social Media Law Department
Listen below or read the details under the podcast.