Online Reporter
Pro Deo [email protected]
Our society is becoming increasingly litigious. We have not yet reached the levels seen in the United States, but the recent surge in lawsuits points to a troubling trend.
Several factors are driving this. First, there is a strong drive to make money by any means. A recent newspaper report from Beitbridge highlighted one individual who appears to have turned litigation into a livelihood, suing widely and indiscriminately.
Second, our people are more educated and more aware of their rights. That awareness is good. It empowers citizens to demand accountability. But with rights come responsibilities.
Against this background, Vigilantibus urges caution. One careless post can land you with damages that wipe out savings. For a stark example, readers may search the Fadzayi Mahere v Petinah Gappah case to see how social media statements can trigger costly legal battles.
In an earlier instalment, we listed cyber-crimes. Today we focus on two civil wrongs that social media has amplified: defamation and injuria.
Defamation has long been part of our law. In simple terms, it is the publication of a statement, whether spoken or written, that harms a person’s reputation — the estimation in which they are held by others. The harm must be to reputation, not merely to feelings.
Injuria is different. It occurs when a person, without justification, intentionally affronts another’s dignity or invades their privacy. It is not always about what is said about you to others. It can be about how you are treated directly.
Both have existed for decades. What has changed is social media. A single tweet, WhatsApp forward, Facebook comment, or TikTok video can reach thousands in minutes. Sharing, liking, tagging, and commenting are no longer passive acts. In law, they can amount to publication and distribution. That means you can be liable even if you did not originate the post.
The law does not excuse ignorance. Saying “I didn’t know” may reduce the amount of damages, but it will not remove liability. The courts expect users to know basic limits. Truth, fair comment, and privilege remain defences, but they must be properly argued. Malice, exaggeration, and the sharing of unverified claims will not protect you.
So what is the prudent course?
1. Verify before you post. If you cannot prove it, do not publish it.
2. Respect dignity and privacy. Naming, shaming, and exposing personal details without consent can find an injuria claim.
3. Think before you share or like. Endorsing defamatory content makes you part of its circulation.
4. Keep your words measured. The internet does not forget, and neither do courts.
As Proverbs 18:21 reminds us: “Death and life are in the power of the tongue, and those who love it will eat its fruits.”
In the digital age, the tongue is your keyboard.
Be careful what you do and say online. The cost of a viral post may be far higher than the few seconds it takes to publish it.
