Introduction
The “Go Live” button has become a modern-day stage: unfiltered, instant, and far-reaching. Whether used for education, entertainment, activism, or marketing, live video broadcasting has revolutionised the way we engage with the world. In South Africa, going live isn’t just a social act, but it is also a legal one. The moment you hit “Go Live,” you are not only broadcasting your thoughts and content; you may also be broadcasting liability. Whether you’re a content creator, a business owner, a public figure, or simply an ordinary person with a smartphone, it’s crucial to understand the legal parameters that govern live broadcasting.
Legal Principles
Several areas of South African law intersect when live content is streamed online. These include defamation law, privacy and consent, hate speech and incitement, intellectual property, children’s rights, cybercrimes, and regulatory frameworks such as the Films and Publications Act and the Protection of Personal Information Act (POPIA). Each of these areas carries potential legal implications depending on the nature of the live content, the platform used, and the participants involved.
Defamation
Defamation is one of the most common legal risks when hosting live sessions. Because live videos are unscripted and spontaneous, there is a real risk of saying something false and harmful about another person or organisation in the heat of the moment. In South African law, if you make a statement that is published (which includes being streamed) and is false and damaging to someone’s reputation, you may be liable for defamation. The defence that it was “just your opinion” or “off the cuff” won’t shield you from legal consequences if the statement lacks a factual basis.
Privacy and consent are equally important. Broadcasting someone without their knowledge or consent, especially in private settings such as homes, workplaces, or even private online meetings, can be a serious violation of their right to privacy. Section 14 of the Constitution protects everyone’s right to privacy, and POPIA prohibits the processing of personal information without consent. If your live session includes a person’s name, voice, image, or location, you may be processing personal information. If you include a child in your live video, these protections are heightened.
Furthermore, if the content is considered harmful, exploitative, or suggestive, you may also be in breach of the Films and Publications Act or even face criminal sanctions under the Sexual Offences Act.
Live videos are also subject to the constitutional limitations on freedom of expression. Section 16 of the Constitution protects free speech, but explicitly excludes hate speech, incitement to violence, and propaganda for war. If your live session includes racist, homophobic, xenophobic, or otherwise hateful speech, even if it arises from comments made by viewers during the stream, you may be held responsible for that content, this is particularly relevant for public figures or influencers with large followings who engage in political commentary or controversial debates during live sessions.
Intellectual Property
Another common legal pitfall relates to intellectual property. Playing copyrighted music in the background of your live, displaying brand logos, or streaming content that belongs to someone else without permission can amount to copyright infringement. Even if you’re not profiting directly from the session, unauthorised use of protected content can still be actionable under copyright law. For example, playing a well-known artist’s song during your live stream may result in the video being flagged or removed, and repeated infringements could lead to your account being suspended or legal action being taken.
Cyberbullying, online harassment, and doxxing (publishing personal information like addresses or contact details) are additional legal risks that can arise during live broadcasts. If your content targets or humiliates someone, even indirectly, you could be accused of harassment under the Cybercrimes Act. Encouraging others to “cancel” someone, sharing private messages or screenshots, or inciting followers to engage in online attacks may all carry legal consequences.
Given these risks, anyone hosting live videos needs to exercise caution and adhere to best practices. Always obtain consent from anyone appearing in your video. Avoid making defamatory remarks or engaging in naming and shaming, especially when details are unverified. Ensure your background does not reveal sensitive or copyrighted material. Be particularly careful when featuring children, and make sure your content aligns with the ethical standards of your profession. If your live stream is commercial or controversial, consider including a moderator to monitor comments and delay functions to filter harmful content.
Conclusion
In conclusion, live videos may feel temporary and spontaneous, but their legal implications can be long-lasting. In a digital age where one misstep can go viral in seconds, the rule remains simple: with great visibility comes great responsibility. So, before you go live, ask yourself: Are you also going legal?
For further assistance, consult an attorney at SchoemanLaw.
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