Residential Estate Industry Journal REIJ 6 ARC Journal 2019 | Page 17

Assuming that there is absolutely no truth to followers? Sometimes addressing the mater the statement, a number of legal options may privately, i.e. responding to the concern by be applicable: messaging the poster privately, is the most appropriate course of action. Some content • Defamation – it may be appropriate for warrants no response at all. If you are unsure, Pinecones Estate to sue the publisher it is always a good idea to call in the help of a of the post for defamation. However, reputation expert. defamation cases are notoriously very costly and lengthy, and the awards in BEST PRACTICE South Africa are usually very low. Prevention is always better than cure so, to • Crimen injuria – Joe Bloggs may consider ensure that you are prepared in the event laying a criminal charge of crimen injuria that you are the subject of a negative social (infringement media post, here are some helpful tips: of dignity) against the publisher of the content. • Protection order – Joe Bloggs could consider obtaining a protection order • Appoint a qualified individual or organisation who is tasked to deal against the publisher of the content under with the Protection from Harassment Act. and make sure that all board members and communications for the estate, principals are aware that all • Consider guidelines estate communications on behalf of the estate WhatsApp nature of the content, the quickest option and should be channelled through that person. groups can be a hotbed of negative fastest way of achieving the desired result content. groups. for With cases like these, depending on the Having Estate guidelines WhatsApp for these is usually a letter of demand from your legal • Ensure that anyone responsible for representatives requesting that the content managing the estate Facebook page is content be deleted, and that the individual refrains aware of the legal responsibilities of a board, legal and aligned to the purpose from publishing further. Facebook page administrator. In terms of of South African law, the administrator of a guidelines, visit: www.thedigitallawco.com/ Facebook page is responsible for all user- whatsapp/10-tips-whatsapp-groups/ REPUTATION MANAGEMENT groups can assist in ensuring that the the remains group. For appropriate, examples above of such While there are legal options available, often generated content on that page. If the the law is simply too slow. Even once the administrator does not remove negative/ • Enlist the services of a reputation relevant legal action has been taken, the unlawful/illegal content on that page once management expert if you are uncertain content has been viewed, shared, retweeted asked to do so, he or she could be as how to deal with negative content on and/or screenshots have been taken and responsible for that content as the person social media. shared. At this point, from a reputational who posted it initially. perspective, the damage has been done. For this reason, it is often advisable to manage these situations reputationally. While it is very tempting to . . . Sarah Hoffman, LLB become Director, Digital Law Company a ‘keyboard warrior’ and jump to the defence of the estate, you should always consider whether responding is the best way to deal with the matter, or whether it will add fuel to the fire. Sometimes a response creates what reputation management experts refer to as the ‘Barbara Streisand effect’ – drawing far more attention to the post than it had in the first place. Before deciding whether to respond, and how and where to respond, consider the reputational harm of the content and the scope of its reach. Has it been posted on a neighbourhood Facebook group with 20,000 members and gone viral, or is it lurking on an unknown individual’s Facebook page with 30 17 INDUSTRY JOURNAL