A constitutionalised approach towards consent and private information on social media platforms: adjudicative subsidiarity and the privacy laws of South Africa
| dc.contributor.author | Panda, Thabiso | |
| dc.date.accessioned | 2025-01-17T09:50:57Z | |
| dc.date.available | 2025-01-17T09:50:57Z | |
| dc.date.issued | 2023 | |
| dc.description | A research report Submitted in partial fulfillment of the requirements for the degree of Master of Laws by Coursework and Research Report at the University, School of Law, Witwatersrand, Johannesburg 2023 | |
| dc.description.abstract | This research inquiry analyses the concept of consent in a social media context, which is a part of the process which individual users have to undergo when affiliating themselves with online social media platforms. The aim of these platforms is to use, collect, process, share and store users’ private personal information. The analysis engages various legislative frameworks such as the common law, statute, and legislation, to adjudicate issues related to the concept of consent – which ought to be informed. If consent is not informed, this analysis highlights the effect(s), by accentuating its negative implications on the constitutional rights of individual users, such as privacy and dignity. The research inquiry starts by examining these constitutional provisions and is followed by applying a rights-based approach to address the nuances concerning consent on online social media platforms. Furthermore, it considers whether an adjudicative subsidiary can be employed to avoid overextending the powers of the Constitution. The inquiry also investigates infringements related to informational privacy and evaluates the legal framework intended to safeguard user information from anticipated risks on online social media platforms. The purpose of the legal framework, involves interrogating non-constitutional sources against the Constitution – by giving effect to the constitutional right to privacy, as well as in part, dignity. These non-constitutional sources aim to address the potential risks of privacy violations that users may encounter consequent to giving consent when joining the online social media platforms. The act of consenting by users on these platforms allows them to exercise their right to autonomy – which has a significant moral role. | |
| dc.description.submitter | MM2025 | |
| dc.faculty | Faculty of Commerce, Law and Management | |
| dc.identifier.citation | Panda, Thabiso. (2023). A constitutionalised approach towards consent and private information on social media platforms: adjudicative subsidiarity and the privacy laws of South Africa [Master’s dissertation, University of the Witwatersrand, Johannesburg]. WireDSpace.https://hdl.handle.net/10539/43529 | |
| dc.identifier.uri | https://hdl.handle.net/10539/43529 | |
| dc.language.iso | en | |
| dc.publisher | University of the Witwatersrand, Johannesburg | |
| dc.rights | © 2025 University of the Witwatersrand, Johannesburg. All rights reserved. The copyright in this work vests in the University of the Witwatersrand, Johannesburg. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of University of the Witwatersrand, Johannesburg. | |
| dc.rights.holder | University of the Witwatersrand, Johannesburg | |
| dc.school | School of Law | |
| dc.subject | social media context | |
| dc.subject | users’ private personal information | |
| dc.subject | PRIVACY LAWS | |
| dc.subject | UCTD | |
| dc.subject.other | SDG-9: Industry, innovation and infrastructure | |
| dc.title | A constitutionalised approach towards consent and private information on social media platforms: adjudicative subsidiarity and the privacy laws of South Africa | |
| dc.type | Dissertation |