CHAPTER TWO LITERATURE REVIEW
2.4 Using WhatsApp for Crime Prevention Purposes
2.4.3 Guiding WhatsApp Use for Crime Prevention
40 In 2017, an article written by Nabeelah Shaikh was published in The Press Reader about how WhatsApp had assisted the SAPS in Durban and the Durban Metropolitan Police to build partnerships with relevant role-players in the community such as private security companies and local CPFs. Shaikh (2017) states that this relationship improved their response time to crimes and particularly enhanced their ability to recover stolen vehicles. Shaikh (2017) emphasises that WhatsApp is valued in the Durban community because it is an affordable crime prevention tool that allows for immediate response to emergencies. This is echoed in a letter that was sent to Independent Online (IOL) for publication in 2018, in which Velisa Naicker wrote about how the local WhatsApp crime group in her area had helped her community to take control of their crime problem. Naicker (2018) stated that each area in the wider community had its own WhatsApp crime group with designated SAPS members and other relevant role-players loaded onto it. These groups allowed the community to better assist the SAPS in arresting suspects because it improved information-sharing among all parties involved.
41 Nevertheless, section 69 of the SAPS Act (South Africa, 1995) makes specific reference to the publishing of photographs of persons of interest which is regularly done on social media, especially on WhatsApp:
(2) No person may, without written permission of the National or Provincial Commissioner, publish a photograph or a sketch of a person-
a) Who is suspected of having committed an offence and who is in custody pending a decision to institute criminal proceedings against him or her;
b) Who is in custody pending the commencement of criminal proceedings in which he or she is an accused; or
c) Who is or may reasonably be expected to be a witness in criminal proceedings and who is in custody pending the commencement of his or her testimony in such proceedings.
(3) Any person who publishes a photograph or sketch in contravention of subsection (2), shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 12 months.
This is a pertinent issue with WhatsApp use, and social media use in general, specifically when it comes to crime prevention, as community members need to be cautious when sharing information about crime so as to not contravene this law and jeopardise a police investigation or trial.
It is therefore evident that a gap exists in terms of how social media usage should be guided and regulated. More specifically, for the purposes of this study it was found that guidelines for the use of WhatsApp in community-driven crime prevention were lacking. Peslak et al. (2010) assert that the use of instant messaging can only be effective as a communication tool when it is managed properly. Mushwana and Bezuidenhout (2014) stress that establishing a policy for any social media usage by any organisation is crucial as it will assist in mitigating any risks that are associated with social media usage. They advise that the implementation and enforcement of a social media policy will ultimately determine its effectiveness and its effectiveness will be dependent on the members running the organisation. One of the most important considerations for regulating WhatsApp use for crime prevention is the type of information that will be allowed to be posted and how members on WhatsApp groups are controlled.
42 In her article for The South African, Ngema (2015) highlights that the main purpose of the
‘crime group’ on a social media platform is for members to post information about criminal incidents and suspicious persons or activities that they observe in their area so that crimes in- progress can be immediately responded to and so that community members can be alerted to the presence of suspicious persons. In order for this to be effective, accurate descriptions must be given without breaking the law or by acting in contravention of the provisions in the SAPS Act. Therefore, the freedom to share information about crime does come with a responsibility, and although it is the responsibility of each person to ensure that they do not infringe on other peoples’ rights or contravene the law, they are not solely responsible for such contraventions.
Ngema (2015) explains that most WhatsApp groups are governed by strict rules that members need to abide by; however, this is not always the case and it can become difficult for the administrator of the group to manage what members post and to sift through irrelevant information.
In an article for Times LIVE, journalist Nivashni Nair (2017) explains that a WhatsApp group administrator is the person who is the creator of the group and the person who has the power to add people onto the group and even remove them from it. Journalist Y. Kumar from India wrote an article published in Telangana Today in 2017 about the legal responsibility that the administrators of WhatsApp groups have and how any posts by members on the group that express discrimination or promote animosity must be promptly addressed by the administrator and reported to the police. Failure on an administrator’s part to do so could have legal repercussions. Nair (2017) makes reference to a case in India where a WhatsApp group administrator failed to address an inappropriate post and it led to the administrator being arrested. Nair (2017) highlights some suggestions made by lawyers on how group administrators can prevent and manage such instances: (1) Consider the consequences of the content shared on the group; (2) Vet all potential members before adding them; (3) Regularly remind members of the group of the rules; and (4) Remove members who repeatedly disregard the rule of the group.
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