Abstract
In recent years, the emergence of social media has transformed the communication landscape and how people socialize and share information online. With that said, this new digital landscape has brought about new forms of abuse, such as online harassment or cyber harassment which unfortunately presents significant challenges to social media users in South Africa.
Online harassment as part of gender-based violence (GBV) has transpired to be a significant issue within the South African social media space. The government of South Africa published the Gender-based Violence and Femicide National Strategic Plan (GBVF) in 2020 with its ultimate purpose being to strengthens the criminal justice response to GBVF, providing support and care to the survivors of GBV. It is on the basis of the aforesaid that the researcher embarks on a study to assess the legal consequences of online harassment within the South African social media space. The exploration starts with the definition of relevant terminologies applicable to online harassment as well as the overview of relevant legislations, applicable sections of the Constitution of South Africa, case law and regulatory frameworks within the South African context.
The assessment reveals various forms of online harassment, offences and the legal remedies available to the victims of online harassment which includes amongst others, a civil claim for damages and criminal prosecution of the perpetrators. The study further highlights fundamental challenges experienced in mitigating online harassment, such challenges range from difficulty in identifying the perpetrators as well as the difficulty to quantify the quantum of damages that the victims of online harassment may seek from the perpetrators of online harassment. Challenges associated with enforcing applicable laws in mitigating online harassments are also discussed, in particular the jurisdictional challenge, issues of anonymity, mutual legal assistance as well as the cost involved in identifying the perpetrators. Furthermore, the study highlights the role of service providers in curbing online harassment.
The study concludes by proposing recommendations to emphasize the necessity for stronger legal frameworks, educational initiatives to protect the victims, collaboration amongst various stakeholders, the promotion of a safer digital environment for all social media users in South
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Africa as well as the importance of holding the perpetrators of online harassment duly accountable for the crimes committed.