Alagi Yorro Jallow

(JollofNews) – Social media platforms such as Facebook, Twitter and YouTube have become an integral part of our everyday lives and have an important role to play in our social environment and help us keep in touch with others and stay informed of events around the world. Yet despite many of the benefits of social media platforms, these platforms also create opportunity for abuse and often bring out the worst in people, often without thought as to the consequences of their action.

Many people lose sight of the fact that the moment something is posted on social media sites, it is considered “published” and is therefore subject to the laws applicable to traditional media, such as newspapers.

Accordingly, claims for defamation and hate speech as well as dismissal or disciplinary action for social media misconduct become very real possibilities.

Defamation can be defined as the wrongful, intentional publication of words or behavior in relation to another person which has the effect of injuring his status, good name or reputation.
Assane DIOUF, Amy Collé DIENG, Penda BA and Oulèye MANE have all become casualties of cybercrime or internet libel laws in Senegal and in the United States consequently, and imperatively suffer the consequences from the law.

Assane Diouf was arrested by the FBI and detained at a US Immigration Detention Center at New Orleans contrary to what was put forward as the reason for his arrest, namely about a supposed denunciation for terrorism-related activity. Ms. Amy Collé DIENG, Penda BA and Oulèye MANE are provisionally released.

Musician Amy Collé Dieng Penda BA and Oulèye MANE were arrested by elements of the Criminal Investigations Division (Dic) after broadcasting an audio element on social media which it is meant to attack virulently defame President Macky Sall and insulting Wolof tribe by Penda Ba.
Our courts have recently set a new legal precedent after it granted a Facebook user an interdict preventing a friend from posting about his personal life on the platform after she defamed him thereon.

Hate speech is any speech, gesture or conduct, writing, or display which is prohibited because it may incite violence or prejudicial action against a protected individual or group, or because it disparages or intimidates a protected individual or group. The law may identify a protected individual or a protected group by disability, ethnicity, gender, nationality, religion, race, sexual orientation, or other characteristic.

Although freedom of expression is a constitutional right, it is not an absolute right. If what you say, or publish via social media platforms, has a negative impact on the rights of another, then your right to freedom of expression may be limited.