The Legal Risks of Sharing Fake News on Social Media

October, 2025

By Leretha Legal (Pty) Ltd

In today’s hyper-connected world, information moves faster than fact-checking. A simple “share” or “retweet” can spread misinformation to thousands within seconds. While this may seem harmless or even unintentional, the legal consequences under South African law are far from trivial.

The Law: More Than Just a “Share”

The Cybercrimes Act No. 19 of 2020 criminalises certain malicious communications, including sending data messages that threaten or incite damage to property or violence (Sections 14 & 15), or the nonconsensual disclosure of intimate images (Section 16). These require intentionality or knowledge in most cases. Under the Cybercrimes Act No. 19 of 2020, many offences require proof of intent, knowledge, or recklessness, so ignorance can, depending on the circumstances, make a difference.

“But I Didn’t Know It Was Fake…”

Ignorance is no defence. The Court in Mbalula v Mda (121445/2025) [ZAGPPHC 878 (20 August 2025)] held that the case confirms that not only the original authors but also those who repeat, publish, or amplify false statements can be held liable for defamation. Republication after being served notice or after knowing the statements may be false worsens liability. This case underscores that repeating or amplifying false information isn’t a safe shield. The viral nature of social media only amplifies the risk, with damage claims stretching into the millions.

Possible Repercussions of Sharing Fake News or Harmful Content in South Africa

• Criminal Liability (Cybercrimes Act No 19 of 2020)

Offences include malicious communications (incitement to violence, threats, or disclosure of intimate images). Conviction can lead to fines or imprisonment (up to 3 years for certain offences, higher for serious cybercrimes).

• Civil Liability (Defamation and Delicts)

Individuals or companies can sue for defamation if your post harms their reputation. You can also be sued for economic loss if false or negligent statements damage a business or individual financially.

• Reputational Damage

Employers, professional bodies, or industry associations may blacklist or decline to hire someone with a public record of spreading harmful or false content. A damaged online footprint can affect career progression, business opportunities, and professional credibility.

• Breach of POPIA (Protection of Personal Information Act No 4 of 2013)

Sharing posts that unlawfully expose personal details (such as addresses, phone numbers, ID numbers, etc.) may constitute unlawful processing of personal information. Penalties include fines of up to R10 million or imprisonment of up to 10 years for serious offences.

• Employment & Disciplinary Action

Employers may take internal action if an employee’s online conduct violates company policy or harms the company’s reputation. Consequences include warnings, suspension, or dismissal.

• ESocial & Professional Consequences

Being labelled as a source of misinformation can result in loss of trust, followers, and clients. Professional networks may cut ties to protect their own reputations.

Why Have Leretha as Your Legal Anchor in a Virtual Sea

Navigating this legal minefield requires more than generic legal advice. At Leretha Legal, we specialise in the intersection of law, governance, and digital communication. Our team brings nuanced insight into:

Reputation management when false claims spread online.
Risk audits for businesses and executives on their digital footprints.
Training and policies to protect staff and organisations from liability.
Strategic dispute resolution, including mediation, when online conflicts escalate into litigation.

The Bottom Line

In a digital age, every share can easily become a statement.

Protect yourself, your business, and your reputation with tailored legal guidance.

Leretha Legal: bridging the gap between law and the digital world.

Newsletter Disclaimer: The views, opinions, and legal interpretations expressed herein are subject to change, as they may be influenced by new developments, amendments to the law, or judicial interpretations. While every effort is made to ensure the accuracy and relevance of the content at the time of publication, readers are advised to seek personalised legal counsel to address their specific circumstances.