Abstract
According to a study conducted in January 2024, 26 million people, about 42.8 percent of South Africa’s population, actively use various social media platforms, highlighting the importance of social media in the country’s social fabric. Social media has become a crucial tool for accessing and disseminating information, enabling individuals to express their opinions and share information, which are fundamental rights enshrined in South Africa’s constitution. However, despite its benefits, users' misuse of social media has turned it into a tool for violating the rights it was created to uphold. As such, the courts must defend and restrict certain rights while safeguarding the fundamental rights of its citizens. Furthermore, social media’s impact on personal freedoms has raised concerns, and its misuse has led to several issues related to individual freedom violations. This study aims to assess South Africa’s regulation of personal information of a data subject that constitutes malicious communications and indecent data messages to determine whether there is adequate regulation or a need for legal development in this area of law. By doing so, the study can provide policymakers with insights into regulating social media more effectively while preserving freedom of expression and other fundamental right