EMPLOYEES’ RIGHT TO FREEDOM OF EXPRESSION THROUGH SOCIAL MEDIA IN SOUTH AFRICA
Dismissal for social media misconduct is a common practice in South African constitutional and labour laws. It generally occurs when employees exercise their right to freedom of expression in social media which sometimes affects the employers’ right to a good name or reputation. Prior to the transit...
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| Format: | Article |
| Language: | English |
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ADJURIS – International Academic Publisher
2022-10-01
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| Series: | Perspectives of Law and Public Administration |
| Subjects: | |
| Online Access: | https://adjuris.ro/revista/articole/An11nr3/5.%20Kanamugire,%20Faku.pdf |
| _version_ | 1797849766819790848 |
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| author | Jean Chrysostome Kanamugire Osman Bantu Faku |
| author_facet | Jean Chrysostome Kanamugire Osman Bantu Faku |
| author_sort | Jean Chrysostome Kanamugire |
| collection | DOAJ |
| description | Dismissal for social media misconduct is a common practice in South African constitutional and labour laws. It generally occurs when employees exercise their right to freedom of expression in social media which sometimes affects the employers’ right to a good name or reputation. Prior to the transition to democracy in 1994, employees experienced challenges in exercising their right to freedom of expression. Under the current constitutional era, this right is enshrined in the Bill of Rights and contains internal limitations and can also be limited by the law of general application. Nevertheless, there is no specific statute which deters the misuse of social media in South Africa. Employers often exercise disciplinary measures and dismiss employees for conducts that impede on their right to good name and reputation. It is often difficult for employers to dismiss employees as there are no specific guidelines on the regulation of social media misconduct with regard to the potential conflict between the employees’right to freedom of expression and the employers’
right to dignity or good name in South African workplaces. This often leaves employers with no remedy when the conduct of the employees on social media, in their own personal capacity, has potential to damage the reputation of their employers either directly or indirectly. Employees should be responsible in the use of social media and always avoid any conduct that can damage the reputation of their employers. They can be held liable in case they damage the good name of their employers through social media. |
| first_indexed | 2024-04-09T18:50:33Z |
| format | Article |
| id | doaj.art-5f67fa74655249eb859a5c961b365150 |
| institution | Directory Open Access Journal |
| issn | 2601-7830 |
| language | English |
| last_indexed | 2024-04-09T18:50:33Z |
| publishDate | 2022-10-01 |
| publisher | ADJURIS – International Academic Publisher |
| record_format | Article |
| series | Perspectives of Law and Public Administration |
| spelling | doaj.art-5f67fa74655249eb859a5c961b3651502023-04-09T14:55:24ZengADJURIS – International Academic PublisherPerspectives of Law and Public Administration2601-78302022-10-01113394404EMPLOYEES’ RIGHT TO FREEDOM OF EXPRESSION THROUGH SOCIAL MEDIA IN SOUTH AFRICAJean Chrysostome Kanamugire0Osman Bantu Faku1Faculty of Law, North-West University, Mafikeng, South AfricaFaculty of Law, North-West University, Mafikeng, South AfricaDismissal for social media misconduct is a common practice in South African constitutional and labour laws. It generally occurs when employees exercise their right to freedom of expression in social media which sometimes affects the employers’ right to a good name or reputation. Prior to the transition to democracy in 1994, employees experienced challenges in exercising their right to freedom of expression. Under the current constitutional era, this right is enshrined in the Bill of Rights and contains internal limitations and can also be limited by the law of general application. Nevertheless, there is no specific statute which deters the misuse of social media in South Africa. Employers often exercise disciplinary measures and dismiss employees for conducts that impede on their right to good name and reputation. It is often difficult for employers to dismiss employees as there are no specific guidelines on the regulation of social media misconduct with regard to the potential conflict between the employees’right to freedom of expression and the employers’ right to dignity or good name in South African workplaces. This often leaves employers with no remedy when the conduct of the employees on social media, in their own personal capacity, has potential to damage the reputation of their employers either directly or indirectly. Employees should be responsible in the use of social media and always avoid any conduct that can damage the reputation of their employers. They can be held liable in case they damage the good name of their employers through social media.https://adjuris.ro/revista/articole/An11nr3/5.%20Kanamugire,%20Faku.pdffreedom of expressiongood namereputationsocial media misconductdismissal |
| spellingShingle | Jean Chrysostome Kanamugire Osman Bantu Faku EMPLOYEES’ RIGHT TO FREEDOM OF EXPRESSION THROUGH SOCIAL MEDIA IN SOUTH AFRICA Perspectives of Law and Public Administration freedom of expression good name reputation social media misconduct dismissal |
| title | EMPLOYEES’ RIGHT TO FREEDOM OF EXPRESSION THROUGH SOCIAL MEDIA IN SOUTH AFRICA |
| title_full | EMPLOYEES’ RIGHT TO FREEDOM OF EXPRESSION THROUGH SOCIAL MEDIA IN SOUTH AFRICA |
| title_fullStr | EMPLOYEES’ RIGHT TO FREEDOM OF EXPRESSION THROUGH SOCIAL MEDIA IN SOUTH AFRICA |
| title_full_unstemmed | EMPLOYEES’ RIGHT TO FREEDOM OF EXPRESSION THROUGH SOCIAL MEDIA IN SOUTH AFRICA |
| title_short | EMPLOYEES’ RIGHT TO FREEDOM OF EXPRESSION THROUGH SOCIAL MEDIA IN SOUTH AFRICA |
| title_sort | employees right to freedom of expression through social media in south africa |
| topic | freedom of expression good name reputation social media misconduct dismissal |
| url | https://adjuris.ro/revista/articole/An11nr3/5.%20Kanamugire,%20Faku.pdf |
| work_keys_str_mv | AT jeanchrysostomekanamugire employeesrighttofreedomofexpressionthroughsocialmediainsouthafrica AT osmanbantufaku employeesrighttofreedomofexpressionthroughsocialmediainsouthafrica |