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19 November 2018
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Story Charlene Stanley
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Photo Charlene Stanley
Prof John Mubangizi, Dean of the Faculty of Law, encouraged delegates at the Fifth Annual International Mercantile Conference to share ideas on best international practice in their various fields.
“Don’t say anything online that you wouldn’t want plastered on a billboard with your face on it.”
This famous quote by international tech expert Erin Bury should be a guiding light when it comes to online habits in the workplace, according to Francois Cilliers, UFS Lecturer in Mercantile Law.
In his presentation Could Social Media be the Gateway to Employment Discrimination? he warned that employees have a responsibility not to bring their employers in disrepute through their comments on social media.
“Posts, updates, tweets, and comments are considered to be publications and can therefore never be seen as privileged information,” he explained.
Responsibility on employees and employers alike
He pointed out that employers also had a responsibility regarding the way in which they use the information about prospective employees obtained via social media.
“Nowadays, approximately 75% of companies hire through social media. In the US, recruiting companies spend hours researching candidates, making full use of what they can find on social media. It was found that 50–80% of employers frowned upon posts and pictures featuring drug and alcohol abuse, profanity, and bad grammar.”
He warned that employers needed to tread lightly, as a decision not to employ someone as a result of information on the prospective employee’s political views and sexual orientation could constitute unfair discrimination as set out in the Employment Equity Act.
“An employer who wishes to use a screening process (utilising social media) has to prove that the information and the process is objectively necessary and can be justified with reference to the inherent requirements of the job,” he explained.
“As technology and electronic systems advance, so too should the applicable labour laws.”
Cilliers’ presentation formed part of the Fifth Annual International Mercantile Law Conference recently hosted by the Faculty of Law on the Bloemfontein Campus.
Incorporating new technology in teaching and research
“This conference is an opportunity to share ideas on best practice in what is perceived as a ‘difficult’ field within Law,” said Prof John Mubangizi, Dean of the Faculty of Law, as he opened the proceedings. Topics in the discussion sessions ranged from Racism in the workplace and The underrepresentation of females in the judiciary, to Decriminalisation of cannabis: A recipe for healthy employer-employee relations?
“Conferences such as these help us to take advantage of the newest developments in technology to advance our teaching and research,” said Prof Mubangizi.
“To quote Einstein: ‘We can’t solve problems by using the same kind of thinking we used when we created them.’”
There’s more to media freedom than the Secrecy Bill
2012-05-04
4 May 2012
“Media freedom is a universal human right. It cannot be abolished, but it should be managed.” The freedom of the media is protected by numerous formal documents, including the Universal Declaration of Human Rights and the South African Constitution, and is commemorated annually with the celebration of World Press Freedom Day.
“As long as those in power have something to hide, media freedom will be under threat. This is a war that takes place on many fronts,” says Ms Willemien Marais, a journalism lecturer at the Department of Communication Science at the University of the Free State (UFS).
“On the one hand we have to take a stand against institutional threats such as the proposed Protection of State Information Bill. This is diametrically opposed to everything that media freedom and freedom of expression encapsulates.
“But on the other hand we also need to educate and transform our society. It is not only up to journalists to defend media freedom. Newspaper reports on the public hearings on this Bill earlier this year proved that ignorance concerning media freedom is a big threat. The lack of resistance against the Secrecy Bill from the general population clearly illustrates that people aren’t aware of what they are about to lose.”
Ms Marais says the rise of social media and the accompanying awareness of individual freedom of expression have paved the way for more people to exercise this right. “The role of social media in the Arab Spring has been highlighted numerous times. The power of social media is undeniable – but alas, so is the lack of access to especially social media. We can only increase media literacy if we increase people’s access to the media – new and traditional.”
A high level of media literacy is also vital following last month’s recommendation by the Press Freedom Commission of a system of independent co-regulation for South Africa’s print media. This system proposes replacing government regulation with a panel consisting of representatives from the print industry as well as members of the general public. “It is abundantly clear that this system can only work if those members of the general public are media literate and understand the role of media freedom in protecting democracy.”
“The media is not a sentient being – it consists of and is run by people, and human beings are fallible. Protecting media freedom does not only mean fighting institutional threats. It also means increasing media literacy by educating people. And it means owning up to your mistakes, and correcting it.”