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Legalbrief   |   your legal news hub Wednesday 01 April 2026

Think before you text or tweet

When Nat Rothschild, the co-founder of troubled miner ARMS, labelled his former investment partner 'DUMB' on Twitter, he showed the power of social media for business leaders seeking publicity - but also the perils of saying the wrong thing.

Legalbrief reports that social media platforms like WhatsApp, Facebook and, particularly Twitter, have become hugely popular as a means to getting a message across quickly and effectively. But once a message has been sent, the implications are often severe. In the case of the scion of the Rothschild banking dynasty, the following tweet to Aga Bakrie made the front pages worldwide: 'Whilst your dad is an evil genius, the word on the street is that you are extremely DUMB.' A report on the News24 site notes that journalists, used to the measured language of corporate press releases, seized on a seemingly unguarded remark which revealed that even powerful businessmen can descend to playground taunts. Last year Michael O'Leary, boss of budget airline Ryanair, was denounced by a Twitter user as a 'sexist pig' after he tweeted: 'Nice pic. Phwoaaarr!' to a woman, whose image was shown during a live question-and- answer session. Research last year by CEO.com and Domo found 68% of Fortune 500 chief executives were not on any social network. For many, the risks are just too high, the report notes. Full report on the News24 site

The state's case against murder accused Shrien Dewani, who arrived in South Africa yesterday (Tuesday) will in all likelihood hinge on phone records and text messages. The Daily Maverick reports that Zola Tongo, who was convicted for his role in the killing of Dewani's bride Anni, communicated with him at least 12 times in the 24 hours before her death. In addition, text messages from Anni to her cousin Sneha Hindocha, as well as her sister Ami Denborg, in the days and months leading up to the murder are likely to be in the spotlight. These texts include two sent to Sneha in September five weeks before her wedding in which Anni writes: 'I don't want to marry him ... I'm going to be unhappy for the rest of my life ... one cannot even hug him ... we have nothing in common.' A month before the ceremony she texted 'hate him'. According to the report, these and other texts are certain to paint a picture of a young but troubled relationship, but the defence will in all likelihood dispute this, using video footage of the couple in the bar of the Cape Grace Hotel, lovingly kissing and holding hands shortly before their departure for the Strand and the fateful encounter with the gunmen. The report notes that Dewani will be asked to explain the exact nature, purpose and timing of his various texts and phone calls to Tongo on the night of the murder. These might prove, in the end, evidence enough to implicate him in his wife's murder. Full Daily Maverick report

Staying with social media in the courts: In the North Gauteng High Court, defence lawyer Barry Roux yesterday (Tuesday) asked Paralympian Oscar Pistorius to comment on Whatsapp messages Reeva Steenkamp sent him in which she expresses disquiet about his attitude towards her, accusing him of 'double standards'. With tears running down his face, he described his version of an argument. 'I just think it was a bad day in our relationship,' said Pistorius after reading out Steenkamp's text to him sent on 27 January. The Sowetan reports that Pistorius had started reading the text fluently, but faltered when he came to parts where Steenkamp wrote: 'I am the girl who fell in love with you and wanted to tell you this weekend.' The Times reports that most online chats on the trial yesterday focused on a Twitter post by Pistorius' former girlfriend, Samantha Taylor. This was according to information compiled by media monitoring group, Data Driven Insight. Taylor, who has testified in the trial, wrote: 'Last lies you get to tell. You better make it worth your while,' on her Twitter page.She later deleted the tweet but it had already been retweeted hundreds of times. Full Sowetan report Full report in The Times

South Africa's governing ANC is to appeal against a ruling that dismissed its objections to a DA text message accusing President Jacob Zuma of stealing public money, says a report on the News24 site. 'We believe that the Acting Judge (Mike) Hellens erred in his application of the Electoral Act by being guided by defamation laws in what was an electoral matter,' spokesperson Jackson Mthembu said. 'The ANC believes in robust political discourse and in-depth interrogation of issues. However, we maintain that the Electoral Act and the Electoral Code exact a high standard of compliance during elections.' He said the robustness or fierceness of political discourse should be rooted in the truthfulness of its content. On Friday, Hellens in the Gauteng High Court (Johannesburg), dismissed the ANC's application, with the SMS being described as fair comment. 'The use of the phrase... ''licence to loot''... comes very close to the wording ''stole'' used in... the SMS,' he said in his judgment. Full report on the News24 site

In neighbouring Mozambique, the government plans to pass a Bill that would criminalise text messages, emails and other types of online communications that are considered insulting or could jeopardise state security. Approved by Cabinet, the Bill will next be submitted to parliament. A report on the allAfrica.com site notes that Minister of Science and Technology Louis Pelembe said the tough penalties proposed in the Bill would ensure consumer protection and increase confidence in electronic transactions as a means of communication and provision of services. Besides the provision on insulting content, the law would cover fraudulent access to the Internet, databases and financial transactions, according to the report. It says Pelembe added that text messages 'have created a lot of turmoil in our country'. The report states he was referring to the so-called bread riots that were organised via SMS in Maputo in 2010. Full report on the allAfrica.com site

James Franco has addressed the uproar around his texting 17-year-old Scottish model Lucy Clode via Instagram and text message. A report on the iafrica.com site notes that conversations between the 35-year-old actor and the 17-year-old student which surfaced online last week, showed Franco trying to initiate a hotel hook-up. The Palo Alto star addressed the incident via Instagram, but he deleted the post. He subsequently appeared on Live! With Kelly and Michael where he said 'social media is tricky'. He added that 'I used bad judgment and I learned my lesson'. Full report on the iafrica.com site

And the controversy over a 'selfie' photo of President Barack Obama and baseball star David Ortiz is now in the hands of attorneys. A report on the News24 site notes that the White House last week warned Samsung against using the President's likeness for commercial gain, after Ortiz used one of its cellphones to snap a picture of himself and Obama. Samsung retweeted the shot which went viral on the Internet. 'We've had conversations with Samsung about this and expressed our concerns. We've left that conversation between the lawyers,' White House senior adviser Dan Pfeiffer is quoted in the report as saying. He added that 'perhaps maybe this will be the end of all selfies', according to the report. Full report on the News24 site