EMPLOYEES' RIGHT TO FREEDOM OF EXPRESSION THROUGH SOCIAL MEDIA IN SOUTH AFRICA

Jean Chrysostome Kanamugire () and Osman Bantu Faku ()
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Jean Chrysostome Kanamugire: Faculty of Law, North-West University, Mafikeng, South Africa
Osman Bantu Faku: Faculty of Law, North-West University, Mafikeng, South Africa

Perspectives of Law and Public Administration, 2022, vol. 11, issue 3, 394-404

Abstract: 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.

Keywords: Freedom of expression; good name; reputation; social media misconduct; dismissal. (search for similar items in EconPapers)
JEL-codes: K31 K33 K38 (search for similar items in EconPapers)
Date: 2022
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