How to keep neighbourhood WhatsApp groups legal

Neighbourhood WhatsApp groups are now a normal part of everyday life in the suburbs, but some people might be unaware of the legalities surrounding their use.

Ann-Suhet Marx of legal firm Van Deventer, Dowlath and Marx Incorporated says these groups are very helpful for security information if used correctly.

"I think you need to be involved, I think you need to give your contributions if you're part of a community... the purpose is there, the goal is there and the goal is good – but the moment it's being used for targeting someone, victimising someone, levelling allegations and accusations that shouldn't be levelled, unfortunately then we're tainting the goal."

Marx explains that WhatsApp and Facebook group admins can be held responsible for what members post.

"Liability for WhatsApp admins or group admins in general can arise through defamation law and principles of publication... admins can incur responsibility if they allow certain materials or certain content.

"The key legal principle is publication... that publication includes sending a message to a group, repeating it or forwarding it onto a group, or allowing it to remain visible, even when you have control over it."

Marx says there are basically three main criteria under which an admin may become liable.

"If the admin posts a defamatory message themselves, this is the clearest case of defamation that you're going to get. Your second case is where the admin knowingly allows defamatory content to remain on the group... and then the third criterion is if they encourage or endorse a statement."

To listen to Marx in conversation with CapeTalk’s Pippa Hudson, use the audio player below: