Tag Archives: Webber Wentzel

Franschhoek Literary Festival 2015: Social Media ‘the CCTV footage of our lives’, beware the legal consequences!

FLF Emma Sadleir, Rebecca Davis, Tom Eaton Whale CottageThe Franschhoek Literary Festival has never viewed Social Media as a serious literary genre, and its token recognition of writing on Blogs, Twitter, Facebook, and Instagram is reflected in the event’s poor use of the medium to communicate with its audience of attendees and potential future visitors.  It is a shame that the two Social Media sessions overlapped so much, much of what was said on Friday being repeated on Saturday, not surprising in that two of the three speakers were the same persons.

Friday’s session was one of the Festival opening events, and was not as well attended as one would have thought, but the starting time may have been too early.  The target audience was not Continue reading →

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

Cape Town Tourism sees pink in reaction to Twitter cyber bullying!

Über cyber bully Jane-Anne Hobbs could not have foreseen how her abusive bully and blackmail Tweet about us relative to Mariette du Toit-Helmbold, Skye Grove, Abigail Donnelly, and Michael Olivier would boomerang so badly against the very Tweeters she wanted to protect!  More than 2500 persons have read our blogpost to date.

Eat Out editor Abigail Donnelly has kept a low profile throughout the Hobbs Twitter abuse campaign, which included a threat issued by Hobbs that she would unfollow anyone who was seen to interact with us on Twitter. Mrs Donnelly clearly did not think that all her sins of restaurant judging bias would be divulged once again, and must have been very annoyed with Hobbs for having them dished up again.   Cape Town Tourism CEO Mrs Helmbold has also been low key, in showing little reaction to the furore the Tweet caused, focusing on her Mommy Tweeting instead!  Michael Olivier took serious offence to our job description of his supermarket wine promotion.  Perhaps he would prefer to be called a Social Media Smous, hounding wine estates for a package which includes Tweets and blog write ups by him as well as some radio mentions, in return for a hefty fee!

The surprise is the reaction by Cape Town Tourism PR and Communications Manager Skye Grove, who used the Cape Town Tourism legal firm Webber Wentzel to send us a letter about our blogpost about the Hobbs Twitter abuse, about what is essentially a personal issue about Ms Grove’s partner preference.  In the blogpost we highlighted that Ms Grove pushes the pink agenda on Cape Town Tourism’s website and in her Tweets on behalf of the company, but it was carefully worded as ‘personal gender preference Tweets’. Despite Ms Grove regularly Tweeting about her personal partner preference, we have never referred to it directly or given her a label relating to it.  She must be so sensitive to it that she read much more into it than was intended.   It must have been a comment by a Maria to the blogpost that really made Ms Grove see pink!

Cape Town Tourism’s lawyers must have been poorly briefed, in their poor wording about blogging in their letter, clearly having no understanding of Social Media.  They disparagingly allege that some comments could be written by ourselves using ‘pseudonym/s’, obviously the absurd perception of Ms Grove.   If we can write what we like in the front end of our blogpost on the blog, why on earth would we want to create different personas in the Comments section to say even more.  We have been known to be honest and direct in what we write, and do not need to hide behind false names. The lawyers claim that we have ‘addressed or alluded to the apparent sexual orientation of Ms Grove’.  As stated above, we have never declared nor hinted at Ms Grove’s partner gender preference on this blog.   Pink tourism is an important part of the marketing of Cape Town, but Cape Town Tourism should not push one agenda more than another.   Even if the reader may have read a partner gender preference into any of our words, there was no disparagement communicated nor should this have been hurtful to Ms Grove, given her open admission on Twitter of her partner gender preference, which is her right to do.  The letter states that alleging that Ms Grove has pushed the pink agenda ‘is damaging to her good name and reputation’!

We question why Ms Grove has sought legal support from Cape Town Tourism’s lawyers, a letter costing in the order of R20000, and which the City of Cape Town, Cape Town Tourism members, and its ratepayers are funding, when it is a personal matter.  This must have received the blessing of her CEO Mariette du Toit-Helmbold, a surprise given how short of budget Cape Town Tourism is, as the City of Cape Town removed a few million Rand from their budget, and which may lead to staff retrenchments!   Two years ago Ms Grove (with Olivier) tried to close down our blog via our then website hosting company Hetzner, but we moved the website to an American hosting company to prevent this.  Ms Grove has not held back at opportunities to disparage us on Social Media platforms in the past!

The lawyers have demanded that we delete the ‘insulting, offensive, demeaning and defamatory’ entries on our blog which refer to Ms Grove’s personal gender preference, but as there are none, there is nothing to remove. They have demanded a written undertaking that we will desist from publishing further comments about Ms Grove’s partner preferences in future, to which we reply via this blogpost.  We have also been instructed to action their demands ‘without any editorial comment on your part or any reference to this letter or any other correspondence’. Freedom of speech is a constitutional right, and therefore we have written this blogpost, also to prove how Cape Town Tourism mismanages its City funds for personal agendas!  The threat of not adhering to Ms Grove’s demands is to ‘consider instituting urgent interdictory proceedings for the necessary relief’, and to make us liable for ‘additional damages’!  Furthermore Ms Grove ‘reserves her right to pursue civil and/or criminal action against you and “Maria’ should you fail to comply with her above demands’. One wonders if Ms Grove can afford the threatened legal action, or whether the Cape Town ratepayers and members of Cape Town Tourism will have to fund it too!

NOTE: We will not allow any Comments which are abusive to Ms Grove or ourselves in reaction to this blogpost.

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

New Year kicks off with Twitter bullying, bashing, and blackmail!

The past twenty four hours have seen bullying, bashing, and blackmail on Twitter, kick started by an abusive Tweet by über Tweeter Jane-Anne Hobbs Rayner, who accused us of ‘cyber bullying‘ her ‘friends’ Mariette du Toit-Helmbold (CEO) and Skye Grove (Communications and PR Manager) of Cape Town Tourism, supermarket wine promoter Michael Olivier, and Eat Out editor Abigail Donnelly!   Not only was her stream of Tweets disparaging, but she also blackmailed her 5000-odd Followers with the threat of being unfollowed!  One would have expected the New Year to have had a gentler start!

Hobbs is a ‘mommy food blogger‘, her Juno and now Scrumptious blogs having impressed in the past with the quality of her photographs, and portfolio of recipes.  In the time that we have known her, we have had little interaction, seeing each other at odd Franschhoek Continue reading →