How to avoid defamation claims linked to WhatsApp messages – Mercury

Zelda Venter | Updated 3 hours ago WhatsApp messages are at the centre of a growing number of legal battles, and a casual chat can escalate into a defamation claim. This is the warning of legal expert Ann-Suhet Marx, Director and Head of Litigation at Gauteng-based law firm VDM Incorporated. According to her, screenshots, deleted messages, and voice notes are reshaping the country’s courtrooms. “WhatsApp has become South Africa’s most trusted communication tool — and one of its biggest legal blind spots. From neighbourhood disputes to workplace conflicts to high‑stakes business fallouts, WhatsApp messages are now at the centre of a growing number of legal battles.” Marx says she’s seen WhatsApp change from just a messaging platform to a digital “paper” trail, with real legal consequences in recent years, leaving the public “dangerously under‑informed”. “WhatsApp has become the modern witness, but unlike traditional documents, WhatsApp messages are fluid, editable, and easily manipulated. That creates both opportunity and risk — especially when reputations are on the line. Marx warns that under South African law, online defamation carries the same legal implications as statements made in print or broadcast media. For a claim to succeed, publication, defamation, wrongfulness, and intention or negligence
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