Doing the “billboard test” when engaging with social media is sound advice from Emma Sadleir, a leading expert on social media law and founder of the Digital Law Company, which advises institutions and groups on the risks and legal consequences of social media.

 

“Digital content is dangerous content,” she warned during a webinar that the NWU Business School hosted at the end of 2020.

 

“As soon as something is digital, it is out of your control – it spreads very fast and very far.” She calls it the tattoo effect – if something is out there, it is very difficult to retract or contain.

 

When others are in control of your information

 

Emma points out that even if you delete information shortly after posting it, people might have taken screen shots just before you pressed the delete button, and then you cannot control what they do with them.

 

“This is why it is so important to take a moment to think what you want to say before you publish anything,” she says.

 

She recommends that you google yourself to find out what information about yourself can be found on the internet.

 

Do not get caught up in the chain of publication

 

Emma warns that if you are also part of the chain of publication, you are also legally responsible for the content being published.

 

In other words, do not share or like a post that might be illegal or defamatory. Even making it clear that you find the post horrible while you share it, will not save your hide.

 

By liking a post, you show that you associate with it, making you responsible for that content. “If someone posts something defamatory or illegal on your Facebook page, you are obligated by law to delete it,” says Emma.

 

This is also applicable to WhatsApp groups. “If the group publishes anything defamatory, you have to indicate that you don’t agree with it or leave the group.” She recommends that there should be distinct content guidelines for every WhatsApp group.

 

Your right to privacy is not an open and shut case

 

According to the law, everyone has a right to privacy. But it also depends on circumstances – for instance when you are on a stage, giving a presentation, you have a lower expectation of privacy than the person sitting in the audience.

 

The same goes for people who are practically living on social media, posting every few hours, compared to someone who almost never uses social platforms, says Emma.

 

She gives another example of a mother who covers her children’s faces when posting their pictures on social media. These children have a higher expectation of privacy than children whose parents have created a dedicated Facebook page for them right after their birth.

 

“Use your privacy settings when you post photos of your children on social media,” she suggests. “The more you look after your own and their privacy, the more privacy you have.”

 

What is evident from Emma’s presentation is that social media can be a mine field. The best thing to do to escape possible “landmines” is to do the billboard test before posting anything anywhere on the internet.