What can I do if I am being harassed on social media?

The long answer

In December 2021, the Cybercrimes Act of 2020 came into effect. Part II of this Act details “malicious communications”, which imposes a fine or imprisonment for a period not exceeding three years, or both, for conviction of an offence related to malicious social media communications of threats of violence. I have copied and pasted the parts that would apply from the Cybercrimes Act: 

“15. A person commits an offence if they, by means of an electronic communications service, unlawfully and intentionally discloses a data message, which:

• threatens a person with 

• damage to property belonging to that person or a related person; or

• violence against that person or a related person; or

• threatens a group of persons or any person forming part of, or associated with, that group of persons with

• damage to property belonging to that group of persons or any person forming part of, or associated with, that group of persons; or

• violence against the group of persons or any person forming part of, or associated with, that group of persons,

and a reasonable person in possession of the same information, with due regard to all the circumstances, would perceive the data message, either by itself or in conjunction with any other data message or information, as a threat of damage to property or violence to a person or category of persons contemplated in paragraph (a) or (b), respectively.”

For online harassment and bullying, you should first document everything by taking screenshots, then report it to the social media platform and block the abuser. Most social media platforms have in-built tools to report content that violates their community guidelines.

Secondly, for serious threats, or if no action is taken, you should report it to the SAPS at a police station. 

The Internet Service Providers Association advises the following:  

1. If you have been the victim of an internet crime, you should write a brief and straightforward affidavit (sworn statement) explaining why you think a criminal act has occurred. The affidavit must include your identification and contact information as well as the perpetrator's identity and contact information if you have it. 
2. Describe the situation that led you to register the complaint and include any supporting documentation, such as files or screenshots. 
3. List the relevant parts of the Cybercrimes Act or criminal law. 
4. Make it clear that you want the issue to be looked into further and that you want to be updated on its progress.
5. Submit this affidavit to the police station in your area. 
6. Always be courteous and patient. The desk officer might not want to hear your complaint because of their workload and responsibilities; be adamant and request that the issue be escalated internally. 

You could also apply for a protection order at your nearest Magistrate's Court under the Protection from Harassment Act, 2011.

According to GoLegal, harassment orders are necessary in situations where you are subjected to ongoing unwanted behaviour that is disturbing or intimidating. Unwanted communication and cyberbullying are examples of this behaviour.

You would need to file an application at the nearest Magistrate’s Court. This includes completing the relevant form and submitting an affidavit detailing the harassment and attaching any evidence of it.

They also advise laying criminal charges at a police station as this would support the application. 

GoLegal says the court may issue an interim protection order to provide immediate relief. This interim order is served on the respondent and specifies a return date for a full hearing. The order must be served personally on the respondent by the sheriff of the court or the police. It only becomes effective when it is served on the respondent.

On the return date, both the complainant and the respondent can present their cases. The court will then decide whether to issue a final protection order. If it is granted, the final protection remains in effect indefinitely, unless the complainant requests its cancellation or the court decides to withdraw it.

If the respondent violates the conditions of a protection order, they can be arrested without a warrant, fined or sent to prison for up to five years.

If you need legal assistance, you could approach Legal Aid, which is a means-tested government organisation that must assist people who can’t afford a lawyer. These are their contact details:

• Legal Aid

Tel: 0800 110 110 (Monday to Friday from 7am to 7pm) 

Please-Call-Me: 079 835 7179

Email: communications2@legal-aid.co.za

Wishing you the best,
Athalie