Tag Archives: Marthelize Tredoux

WhaleTales Tourism, Food, and Wine news headlines: 26 November

WhaleTalesTourism, Food, and Wine news headlines

*   Sir Richard Branson is said to have bought the Mont Rochelle wine estate and hotel in Franschhoek.

*  Tsogo Sun has announced that it plans to bid for a gambling licence for Cape Town, should a second casino be allowed.   The hotel group already has casinos at Club Mykonos, on the Garden Route,  and in Caledon.

*   A new reality TV cooking show called ‘Chopped South Africa’ , based on an American counterpart, is to be screened on local TV, and will feature chef judges Jenny Morris,  Siba Mtongana, Rebecca Hurst, and Lindsay Venn. Four contestants will feature in each episode, out of a total of 30 chefs.

*   Buitenverwachting’s Bayten Sauvignon Blanc 2012 has been recommended as one of ten wines for Thanksgiving dinner or to bring as a gift, the only South African wine on the list.

*   Tourism to South Africa is estimated to grow by 86% Continue reading →

Michael Olivier has double standards: defames others, yet sends lawyer’s letter for alleged defamation!

Ten days ago we wrote about the unethical reviews of wines by Michael Olivier, without acknowledging that most of his ‘Winery Partners’ have paid for the coverage on his blog, on his Twitter account, and in his FMR wine slot.  We also wrote about the unethical restaurant reviews done on IntertwEAT/TweetCritique by Lionel Lelyveld, without disclosing that every three course meal for two persons he has written about is received free of charge.

Interesting is how differently the two writers have reacted to our blogpost:

Lelyveld has not responded to the blogpost at all, but we have noticed in the past week that he has started simultaneously Tweeting restaurant reviews from the UK and the Cape.  We have also noticed that he has added a hint of criticism to some of his ‘review’ Tweets, which we have not seen before.  What is funny, but probably not visible to most of our Followers, is that Lelyveld has been particularly generous with his Retweets of our Restaurant-related Tweets, Continue reading →

Social Media restrictions on Legal fraternity and Parliamentarians! Is Business next?

For the first time since the creation of Twitter seven years ago, Members of Parliament and lawyers who Tweet and Facebook are under threat of being charged for libel, reports The Times.  Codes of conduct in their Social Media communication are being developed, and should be considered for general businesses too.

In Parliament Tweeting by DA members, in particular party parliamentary leader Lindiwe Mazibuko, appears to have irritated other members of the house with their persistent Tweeting, and on occasion allegedly libelous Travelgate Tweets.  This has resulted in a call for a code of conduct to govern Parliamentarian Tweeting.  The Social Media policy of Parliament may remove the parliamentary privilege of making statements and allegations on Social Media platforms without threat of litigation.

The ANC caucus spokesperson Moloto Mothapo said that  Parliamentary rules and its code of conduct should be revised as a result of the wide spread use of Social Media by members of Parliament, Tweeting on their tablets and phones, in order to preserve the integrity of Parliament. MPs are also to be informed about the ‘legal perils’ associated with Social Media. Cedric Frohlick, responsible for committees in Parliament and for drafting the new Parliamentary Social Media policy, said: ‘If they (Parliamentarians) put information out there, they must take responsibility for it, because if you put information in the public domain about what is happening in parliament, and it is not a true reflection of what is going on, then you must expect that people are going to expose you for giving wrong information‘.  The article refers to Western Cape Premier Helen Zille as a ‘serial Tweeter‘, sharing ‘just about everything with their followers’, including being bitten by a rat when she collected her newspaper.  The parliamentary Social Media code will not affect the frequency and the content of her Tweeting.

The Johannesburg Bar Council has also warned advocates to not make ‘inappropriate statements’ on Social Media platforms, and that they ‘desist from publishing statements that could open them to accusations that they had breached rules governing professional conduct’. Members of the bar are prevented from writing about pending cases on any non-legal platform.

The Law Society of South Africa already has prepared a draft Social Media policy for its 25000 members in law firms, warning that comments about their clients’ cases may be a breach of confidence which could damage a client’s reputation.  Cape Town lawyer William Booth told the journalist that he does not issue statements about his clients’ cases on Twitter and Facebook.  He will only comment to the conventional media, yet does so with caution.

It would be advisable for companies to review their policy on the Social Media presence of their staff, whether in their personal capacity or on behalf of their company.  It appears to still be early days in this regard, most employers not setting guidelines as to the content of Tweets, and the Twitter Bios of their staff containing links to their company websites, yet claiming to Tweet in their personal capacity.  Any company linkage obviously would make the Tweeter and the employer equally liable for libel charges and defamation damage claims.  Siyavula MD Mark Horner’s reaction to the libelous Tweeting of his employee Marthèlize Tredoux was a surprise in his naive reaction, in that as long as she Tweets privately, he can not take action, even if some of her Tweets identify the name of the company as her employer. He also does not appear concerned that his employee is using his company time to write the defamatory Tweets, instead of doing her job.  The University of Stellenbosch head of Accounting had a very different attitude, instructing his lecturer Len Steenkamp to remove his defamatory Tweets.  Short-lived Social Media Manager of Robertsons, cookbook writer Sonia Cabano, lost her job when she used her client’s Twitter account to settle personal scores.  So too Emma Jackson, the V&A Waterfront Tweeter, has used her client’s Twitter account to settle scores. Cape Town Tourism managers, including Mariette Du Toit-Helmbold and Skye Grove, have a link to their employer website.  Grove has reTweeted libelous Tweets, and has written defamatory Tweets too, yet she and Mrs Helmbold have been quick to run to Cape Town Tourism’s lawyers with threatened claims for defamation, without any follow-up action. Grove appears to have been censored of late, and was reprimanded for using Cape Town Tourism lawyers for what was deemed to be a personal matter!

But it is not just the abusive action on Social Media that is a concern for employers.  How appropriate are the challenging Tweets by a chef’s wife about how long he is working, and that he is seldom at home, with the employer’s name mentioned in the Tweet?  Even more difficult is the situation when a well-known employee, who is synonymous with a wine brand, starts following a Pinterest porn page, showing on his Facebook page. Every shared hangover may build a profile of the person linked to a business brand, not what an employer may want to see.  Should one reTweet or share photographs or news about competitors’ brands and so ‘endorse’ them by implication if one is a well-known brand personality?  Are Mommy Tweets and Braai Tweets appropriate for the CEO of Cape Town Tourism, when one is following her for tourism news on Twitter?   Blocking followers on Twitter and on Facebook does not prevent one from reading the posts and Tweets, if one thought that the employer and others would not see them.  Employers have checked the Facebook page and Twitter feed of prospective employees, and have not employed them in some instances, due to what they have seen.  Imagine the abuse on Social Media platforms if an employee were to be disciplined, if they already are abusive towards others on these platforms?  Clients have done the same, and have often avoided using the services of suppliers if discretion is not respected in their Social Media communication.

Incredibly powerful as a communications channel, Social Media in general and Twitter specifically needs a ‘gentleman’s agreement‘ as to how to communicate.  One thing is certain: defaming any person is not only bad manners, but is also libelous, and opens the communicator (and potentially the employer) to legal action and claims for defamation.  Each one of us is a brand, whether linked to an employer or self-employed, and so a profile is built up through Twitter and Facebook about a person, and the brand linked to it, even though one may never have met that person.

Chris von Ulmenstein, Whale Cottage Portfolio: www.whalecottage.com Twitter: @WhaleCottage

Twitter: has it reached the 7 year Twitch? Will Mellor of 2oceansvibe warns about Social Media defamation, in drag!

From small beginnings, Twitter last week celebrated its 7th anniversary. with 500 million Twitter users sending up to 340 million Tweets daily, described as the ‘SMS of the internet’, according to Wikipedia!   Many on Twitter will say they are hooked, even worse addicted, but for many the dark side of Twitter may soon outweigh its benefits.

Twitter users love the social medium for the following:

*   its information role – faster than any conventional broadcast medium, Twitter users are well informed about world events almost as they happen, can listen to a courtroom bail application judgement real time, obtain weather updates, read the world’s newspapers and magazines digitally, and update themselves about anything and everything.

*   its friendship role – many new friendships have been made via Twitter, with Tweeters with similar interests meeting and connecting, and becoming real time friends.

*  its profiling role – should one wish to build a profile of a person as a potential employee or employer, friend, competitor, or business partner, one can read their Twitter stream to check how well they can communicate, how well they can spell, how courteous (or not) they are in their communication.

*   its experience-sharing role, in sharing restaurant experiences (a great irritation for other Twitter users, research shows), recipes for cooking and baking, evaluation of wines drunk, and general tourism experiences.

*   its micro-messaging role, in users productively reducing their communication to 140 characters and still communicating coherently.

*   it has moved communication into the visual realm, allowing one’s Followers to share great restaurant meals, beautiful sunsets, great sporting achievements, and life in general via one’s photographs, allowing them to be there digitally.

*   it is an immediate brand feedback platform, highlighting the positive and negative attributes of every brand around the world, given the immediacy of sharing information.

*   it leads to dialogue and conversation, often generating funny and interesting points of view, such as during the 2012 Olympics and Paralympic Opening and Closing Ceremonies.

The dark side of Twitter has overtaken its benefits for many Tweeters:

*   Less original material is Tweeted, and more Tweets by others are re-Tweeted, especially first thing in the morning.

*   The flood of Tweets is never-ending on weekdays, slowing down vastly on weekends and in the evenings, showing how much Tweeting is done from the office.  Finding it difficult to reduce the number of Followers, Tweeters are unable to read all the Tweets in their timeline, and feel that they are missing out because they cannot read all the Tweets.

*   Twitter’s policy of allowing freedom of speech, without action to remove Tweets that are abusive, that harass, are defamatory, and spread untruths, is its biggest weakness, and while one can block unpleasant Tweeters, and even report them for Spam, Twitter never acts against them as Facebook would do, in closing their account down after one warning.  Slowly but surely Social Media is receiving attention from Twitter cyberbullying victims and their lawyers, for Tweeters not respecting libel laws for excessive defamation. Even re-Tweeting defamatory Tweets makes one liable for libel. Ignorant Tweeters who abuse others, and have their employers’ names in their Twitter Bio, are learning that they and their employers can be sued for libel, and can claim damages from both parties.

*   Even worse is the ganging up by a small number of Tweeters, who not only target Twitter victims, but also badger, bash, and bully their friends and those that they interact with on Twitter at every turn.  Because they don’t like a Tweeter, all the friends and followers of that Tweeter are disliked as well, and ridiculed, bullied, harassed, and even stalked by Tweeters such as Sonia Cabano, an old hand at Twitter abuse and at setting up anonymous accounts to disparage others (e.g. @TableMountain_); as well as Twitch Marthèlize Tredoux, who Tweets as @Konfytbekkie, and is regarded as one of the most abusive Tweeters at the moment, ‘out-performing’ Cabano in terms of venom and persistence. One wonders how Tredoux does her job at Siyavula, Tweeting ad nauseum!  These two Tweeters are assisted with behind-the-scenes input from Skye Grove at Cape Town Tourism, recipe blogger Jane-Anne Hobbs, and supermarket wine promoter Michael Olivier, known to do anything in their power to disparage ourselves. Twitter has become their ‘school ground’ bullying domain, weaklings hiding behind anonymous accounts to disparage and destroy others. Ironically, every time an abusive Tweet is sent, it pushes up the readership numbers of our blog, which is hardly what the Tweeters would want to achieve!

Twitter users seem ignorant about the legal implications of their defamatory Tweets, often shooting off Tweets without evaluating the content for defamation, and re-Tweeting libelous Tweets, making them guilty of libel too.  Recently Webber Wentzel Social Media lawyer Emma Sadleir warned that abusive Tweeters could land up behind bars if they ‘put up racist or offensive posts’, opening themselves up to charges of crimen injuria or facing charges under the Equality Act, reported Times LIVE.  Sadleir has encouraged cyberbully victims to report such defamation at a police station and lay a charge of crimen injuria. A recent new ‘Protection against Harassment Act’ allows online victims to obtain a ‘protection order against their perpetrators‘.  The South African Press Council has also announced that its press code will be expanded to include online media, allowing for the same standards of ethical and professional communication to apply to all media platforms.

Well-known constitutional lawyer Pierre de Vos summarised the worst aspects of Twitter on his ‘Constitutionally Speaking’ blog, in that it (with Facebook) seems ‘to bring out the worst in people. Otherwise reasonably decent people who might well carefully weigh their words can become raving hatemongers and irresponsible tattletales on these platforms’. Analysing the differences in defamation between printed media and Social Media, Professor de Vos came to the conclusion that defamation is defamation, when it leads to the ‘lowering of your reputation’, which is unlawful, with the exception of substantiated truthful reporting which is in the public interest.  Yet Professor de Vos comes to an interesting conclusion, writing that legal action against defamation on Social Media may in fact attract more attention to the matter, and that one should hold one’s head high, and allow one’s reputation on other Social Media platforms and one’s blog to speak for oneself.  He concludes: ‘When somebody says something defamatory about me I usually laugh and instinctively feel pity for the person who is so damaged that he or she has to resort to insults to make him or herself feel better about themselves’ (our underlining).

2oceansvibe owner Will Mellor (he lives his life under the pseudonym ‘Seth Rotherham‘) has produced an etv Tech Report about defamation prevention, ironic in that his blog was subject to a charge of defamation and dishonest reporting about the zoning of the property which is rented by our Whale Cottage Camps Bay.  We question his honesty and ethics, and that of his company. Earlier this week the City of Cape Town confirmed the zoning of the property, and found that there is ‘no land use contravention in terms of the conditions of approval‘, which was granted to the property in 1999! This counters the unsubstantiated 2oceansvibe allegation that the property was incorrectly zoned by the City of Cape Town, and their libelous allegation that the Trust that owns the building may have ‘defrauded’ the City of Cape Town in terms of rates and taxes!  We expect Mellor and his unethical self-proclaimed ‘journalist’ Simon Hartley to remove the libelous post, which was based on unsubstantiated information, and to offer us an apology.  We expect an apology too from Len Steenkamp from the University of Stellenbosch, Ben Wagner and Amanda Sevasti from Native digital agency, Marthèlize Tredoux, Cape Point Trails, Sonia Cabano, Rob Armstrong from Haut Espoir, and Lisa Strachan for alleging impropriety via Tweets or Re-Tweets. See Mellor in drag, for a good laugh, preaching about Social Media defamation prevention!

One hopes that the nasty Tweeters will realise that incessant abusive Tweeting is boring for one’s Followers, leading them to be unfollowed, and reflects their own personal issues, according to Professor de Vos. Twitter has become an open ‘skinner (gossip) space’, in which many have no manners in talking negatively about others publicly, knowing full well that the Tweets can be read by the person(s) they are Tweeting about.  Twitter could be such a pleasant space for all if there were not regular Twars spoiling the communication value of the medium for so many!  In Twitter’s next seven years it is likely that legal controls about what is written will get tighter, in that action will be taken against Twitter abuse, harassment, and defamation.

POSTSCRIPT 3/4: Sonia Cabano closed down her personal Twitter account on Thursday evening.

Chris von Ulmenstein, Whale Cottage Portfolio: www.whalecottage.com Twitter: @WhaleCottage