South Africa has a strong constitutional right to privacy and dignity, balanced against equally strong rights to freedom of expression and press freedom. That balance shapes what is possible if negative content about you or your business appears online. This guide explains, in general terms, the main laws and bodies involved and what is realistic.
Personal information: POPIA
The Protection of Personal Information Act 4 of 2013 (POPIA) regulates how organisations process personal information. It gives people certain rights, including asking an organisation to correct or delete personal information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully, or that the organisation is no longer authorised to keep. The Information Regulator oversees POPIA. As elsewhere, these rights have limits, and POPIA contains exemptions that protect journalistic expression. Whether it helps depends on who holds the information and why.
News articles and the Press Council
If the content is a news article published by a member of the press, South Africa’s Press Council and its Press Ombud deal with complaints about breaches of the Press Code, for example inaccuracy or unfair treatment. The focus is on whether the publication followed the code, and a remedy may involve a correction or an apology rather than the story disappearing. It is worth knowing which body, if any, a publisher answers to.
Defamation
Defamation is governed by the common law. In general, a claimant must show that a statement about them was published and harmed their reputation. Truth in the public interest, fair comment and other defences exist. Cases can be expensive and slow, so speak to an attorney before deciding whether it is worth pursuing.
Harassment and malicious communications
The Protection from Harassment Act 17 of 2011 allows a person to ask a court for a protection order against harassment, including harassment online. The Cybercrimes Act 19 of 2020 creates offences relating to malicious communications, including messages that incite violence or damage property, and threats of harm. If you are being harassed, you can open a case with the South African Police Service and speak to an attorney.
Intimate images
The Cybercrimes Act also makes it an offence to disclose a data message containing an intimate image of a person without their consent. If this has happened to you, contact the police, consider speaking to an attorney or a support organisation, and keep a record of what you see. You do not have to handle it alone.
Old criminal records
The Criminal Procedure Act contains provisions for the expungement of certain criminal records after a qualifying period. Expungement concerns official records and does not automatically change what a news website published years ago. Whether you are eligible depends on the offence and your history, and an attorney can advise.
What is realistic
- Accurate, lawful reporting is usually difficult to change, particularly where there is a public interest.
- Inaccurate, unlawful or abusive content has a stronger case, whether under POPIA, the Press Code or the courts.
- Outcomes depend on the facts, the platform and the decision-maker. Nobody can honestly guarantee a particular result or timeline.
- Building a stronger, accurate and authoritative online presence can change what people see first when they search for you or your business.
How we can help
We start by understanding what is online, where it appears and how much it matters. We then explain which of the routes above may be relevant, what is realistic, and how to build a stronger online presence over time. For legal action we recommend you speak to an attorney in South Africa. You may also like our guides for other countries.
This article is general information, not legal advice. Laws change, and your situation may be different. For advice on your circumstances, speak to a qualified attorney in South Africa.
Related: how content removal is assessed, search suppression, the right to be forgotten by country comparison, and our international guides.