Data Protection In The Era Of Social Media – A South African Perspective

In South Africa, social media platforms like Facebook, Instagram, and WhatsApp have transformed communication, with over 26.7 million active users in 2025, representing 41.5% of the population. However, this digital boom has raised significant data protection concerns, as personal information shared online is vulnerable to misuse, breaches, and unauthorized access. In a country with a history of prioritizing human rights, safeguarding data privacy in the social media era is both a legal and societal imperative.

The right to privacy is enshrined in Section 14 of South Africa’s Constitution, recognizing it as a fundamental human right. This right is given effect through the Protection of Personal Information Act (POPIA), fully implemented in July 2021 after a grace period. POPIA sets stringent rules for how personal data is collected, stored, and processed by organizations, including social media platforms. It mandates transparency, user consent, and accountability, aligning with global standards like the EU’s GDPR. For instance, POPIA requires that personal information be collected directly from individuals unless it’s publicly available, a critical safeguard against misuse on platforms where users often share sensitive details. 

Despite these protections, challenges persist. Many South Africans, particularly younger users, are unaware of POPIA’s existence, 81% of surveyed Facebook users in a 2015 study did not know about the Act. This lack of awareness leads to risky behaviours, such as posting personal details that can be exploited for profiling or tracking. The Cambridge Analytica scandal, where data was used to manipulate elections, highlights the global risks of such practices, which could occur in South Africa without vigilant enforcement. Additionally, cross-border data transfers pose issues, as many social media platforms operate outside South African jurisdiction, complicating enforcement. POPIA allows such transfers only to countries with comparable data protection laws or with contractual safeguards, but gaps remain, especially with platforms hosted in regions with weaker regulations. 

Social media also raises unique legal risks in South Africa, such as defamation and privacy violations. For example, sharing private photos or messages without consent can violate POPIA and the constitutional right to privacy, potentially leading to legal consequences. The Cybercrimes Act of 2020 further regulates online behavior, criminalizing non-consensual sharing of intimate images and content inciting violence, with penalties up to three years’ imprisonment. High-profile cases, like arrests for inflammatory social media posts during the 2021 unrest, underscore the real-world impact of online actions. 

To address these challenges, South Africa’s Information Regulator, established under POPIA, plays a crucial role in monitoring compliance and handling complaints. However, its effectiveness is hampered by limited public awareness and delays in operationalizing enforcement mechanisms. Businesses and individuals must also comply with other laws, like the Electronic Communications and Transactions Act (ECTA), which governs online transactions and advertising on social media. 

For South Africans, protecting data on social media requires a multi-faceted approach. Users should practice digital literacy, such as reviewing privacy settings and avoiding oversharing. Platforms must adhere to POPIA’s principles, ensuring transparent data practices. Meanwhile, the government should enhance public education on data protection laws and strengthen cross-border enforcement. 

As South Africa navigates the digital age, balancing connectivity with privacy will be key to fostering a safe and equitable online environment.

References

Legislation

Electronic Communications and Transactions Act 25 of 2002

Constitution of the Republic of South Africa, 1996

Cybercrimes Act 19 of 2020

Protection of Personal Information Act 4 of 2013

Internet Blogs

Kleinman Z (2018) “ Cambridge Analytica : The story so far” available at https://www.bbc.com/news/technology-43465968 (accessed 5 September 2025)

Studyx.ai “ How many people use WhatsApp in South Africa?” available at https://studyx.ai/questions/4lr2l53/how-many-people-uses-whatsapp-in-south-africa (accessed 5 September 2025)

This article is authored by Duduzile Sikhosana, Trainee of Lets Learn Law Legal Research Training Programme. The views and opinions expressed in this piece are solely those of the author.