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Category Archives: Legal

Plagiarism – to use someone else’s work without crediting the source – is sad enough.

To pass off someone’s elses work as one’s own is Intellectual Property infringement.

Such as in this example where Witbank News has not only blatantly stolen the design, but also has the audacity to copyright it as their image!

The owner of the graphic Know Your Lemons has commented on this IP Theft accordingly, but so far with no result:


I’m a big fan of the Kiffness and always stoked when I hear his songs on the radio.

However, I was shocked to learn that no royalty payments have been made to the Kiffness by the SABC.



So all these times I got excited about the Kiffness’ exposure on 5FM, he did not receive a penny for that success.

All the while I have to listen to those moronic radio ads by SABC about paying your license fees.

Since the SABC is a public body, funded by public money, it should act ethically correct and lead by example:

If any fees need to be paid, how about those long overdue R248 million owed by the SABC to music rights organisations like the Southern African Music Rights Organisation (Samro), the South African Music Performance Rights Association (SAMPRA) , the Association of Independent Record Companies (Airco), the Recording Industry of South Africa (Risa) and more. 

This seriously undermines the livelihoods of South African artists

The Kiffness has been campaigning about this and made it into national news, but the response from the SABC appears to be vague and unhelpful. 

Maybe the Kiffness needs to write them a song in order to be heard.

In the meantime, us listeners can also make a choice, as I find myself skipping to the private or community radio channels:

No pay for South African artists, no play of SABC radio stations.





Thanks to the GDPR every website is now asking for your permission on this and that and what?


No idea what it says, but I 'Akkoord en Sluiten' then.

No idea what it says, but I ‘Akkoord en Sluiten’ then.


Wanting to access an English webpage in a different country, I am forced to first agree (That’s what I can gather with my little dutch ‘akkoord’ means) before this pop-up window closes (I guess that’s what ‘sluiten’ means) and lets me continue to the site.


The practice of forcing you to agree to something because otherwise you can’t access the content, is frowned upon and some argue illegal as per GDPR.


After all, I could simply access your website while you don’t collect my data, that should be the consumer’s right.


But how valid can my agreement really be taken if I made it in a language I don’t understand?


For all I know I could’ve signed my life away there thinking it was about cookies.


And yet the data collected makes this a perfectly law compliant practice. – After all they’ve fulfilled their legal requirement to get my Cookie Consent.




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When it looks too good to be true… it probably is!


A Google image search gives more information about any picture.

A Google image search gives more information about any picture.


A profile picture that looks too professional – like it was done for a PR story – can be an indication for a fake identity.


If there’s anything about the photo or the account that doesn’t add up, it’s good practice to check the profile for its validity.


One easy step is to google that image.


Google will even do the guess for you and assign the correct person to that photo.


Once you’ve confirmed it is a fake account, you need to quickly report it.


Always report fake profiles.

Always report fake profiles.


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The Daily News are not ready for GDPR.

The Daily News are not ready for GDPR.


Did somebody not do their homework?

Some major US sites did not manage to be GDPR compliant in time and still block their site to EU users.

It’s weird, because it’s not like the solution wasn’t freely available, for example: WordPress offers it free, and ahead of time.


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Facebook asks me to review my data settings a good 3 weeks late.

Facebook asks me to review my data settings a good 3 weeks late.

The General Data Protection Regulation (GDPR) is applicable from  25th May 2018, but Facebook only asks me to review their data settings on 17th June 2018.

Interesting, especially as WordPress managed to not only inform its users ahead of time, but even offers GDPR compliant functionality automatically.

And it gets even more interesting, as it’s only possible to continue using Facebook when accepting the updated terms.

Note the trigger for checking updates, which is however empty of numbers:

Without accepting the updated terms I can no longer use Facebook.

Without accepting the new terms I can no longer use Facebook.

Well, let’s just sum this up as Facebook being fashionably late. 😮


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I’m a big fan of WordPress and this is why:


You might’ve received a lot of emails lately asking you to acknowledge the updated Privacy Policy according to the new EU General Data Protection Regulation (GDPR).


WordPress is no exception. They too had to update their Privacy Features and have communicated this ahead of time, from May 14th.


But they go a step further and help you stay compliant with GDPR too:

Akismet is a spam fighting WordPress plugin that protects millions of WordPress sites from comment and contact form spam.


As you can see from my screengrab above, Akismet is doing a great job: It has protected my blog from 12,894 spam comments.

Now it offers to display a privacy notice on my contact form.


I appreciate getting this support within the WordPress family.

Like with WordPress’s engagement for accessibility, it shows that they go the extra mile.


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How about offering a break instead of a permanent unsubscribe.

How about offering a break instead of a permanent unsubscribe.


By law and to be ethically sound every promotional email should contain an easy one-click unsubscribe button.


However, you don’t want to give up on your subscribers so easily.


The usual ‘sad to see you go’ might be polite, but only confirms their action.


Instead, prevent your customers from unsubscribing by first offering them a real alternative: To pause their subscription.


This might not mean much to your subscribers, but for you it’s a second chance: It gives you the time to work on your newsletter and improve it. So when their subscription is back on, they hopefully like what they see and stay subscribed.


This will lower churn and improve your customer retention, showing how creating Value Added Content can have real impact on business success.


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Note how the ‘Save image as…’ function is not available on Flickr.

Note how the ‘Save image as…’ function is not available on Flickr when downloading images is disabled.


It’s a dilemma every creative is facing:

Sharing your content and getting exposure OR protecting your art work from piracy.


Here’s how to get the best of both:

Not all platforms are treating your content with the security measures it deserves to be protected from plagiarism or copyright infringement. A simple ‘copy and paste’ or ‘right click and save as’ can mean your content going viral without any attribution linking back to you.


Make sure you stay in control of your content by publishing it on

online portfolio sites you can trust:



Flickr allows you to set your images as not downloadable to others. While this doesn’t stop anyone from saving a screengrab, it’s at least sending a clear message that these images are your intellectual property.

In addition Flickr offers you to embed your images from their platform, meaning all their security efforts stay intact with your picture.


Your own website

Using any third party platform means you are subjected to their rules and could get your account deleted without much you can do about it. Having a home for your content establishes you as the first point of contact for your content. There are many free services for creating an online portfolio website to choose from.



Behance lets you acknowledge the people involved in the art work properly, so there’s no excuse not to give credit where credit is due. Behance makes citing all these individuals really easy.



Dribble uses small screenshots to let you promote your work. This is a low resolution intended only for quick snapshots showcasing work in progress.



DeviantArt is the largest online social network for artists and art enthusiasts, and promotes a strong Community Etiquette Policy and Copyright Policy.


'Like & Win' is a popular Facebook competition to attract followers. If you want to run one, read the resources below to ensure you do it right.

‘Like & Win’ is a popular Facebook competition to attract followers. If you want to run one, read the resources below to ensure you do it right.

Everyone’s on Facebook and everyone knows running a competition attracts attention.

However, there are legal implications that many Facebook users are not aware of.

This can potentially cost you your carefully crafted Facebook page, as Facebook can – without any warning – shut you down, if you’re in breach of their Terms & Conditions.

So I researched how to run a Facebook competition. As I see many prize draws on Facebook are in breach, I urge you to read these resources to make sure you do it right:



I. South African Law

  1. South African Consumer Protection Act – most relevant sections from the original
  2. Consumer Protection Guide for Lawyers – a summary of the rules by the Law Society of South Africa
  3. Consumer Protection Act June 2010 – a summary on promotional competitions by BDO

II. Facebook Law

  1. Facebook Pages Terms – restrictions of competitions on their platform
  2. New Facebook Contest and Promotion Rules: What You Need to Know – insider tip by Social Media Examiner
  3. How to Run a Competition on Your Facebook Business Page – a handy overview by Hallam Internet
  4. How to run a (legal) Facebook competition – a sample for release of liability by Blaze Digital



I. South African Law


1. South African Consumer Protection Act:

Promotional competitions, Section 36.

(3) The promoter of a promotional competition—

  • must not require any consideration to be paid by or on behalf of any participant in the promotional competition, other than the reasonable costs of posting or otherwise transmitting an entry form or device;
  • must not award a prize in a competition to—
  • a winner of the competition if it is unlawful to supply those goods or services to that prize winner, but this subparagraph does not preclude awarding a prize to a person merely because that person’s right to possess or use the prize is or may be restricted or regulated by, or is otherwise subject to, any public regulation; or
  • any person who is—

(aa) a director, member, partner, employee or agent of, or consultant to the promoter or any other person who directly or indirectly controls or is controlled by, the promoter; or

(bb) a supplier of goods or services in connection with that competition;


  • must—
  • prepare competition rules before the beginning of the competition;
  • make the competition rules available to the Commission and to any participant, on request and without cost; and
  • retain a copy of the competition rules for the prescribed period after the end of the competition.

(5) An offer to participate in a promotional competition must clearly state—

  • the benefit or competition to which the offer relates;
  • the steps required by a person to accept the offer or to participate in the competition;
  • the basis on which the results of the competition will be determined;
  • the closing date for the competition;
  • the medium through or by which the results of the competition will be made known; and
  • any person from whom, any place where, and any date and time on or at which—
  • a person may obtain a copy of the competition rules; and
  • a successful participant may receive any prize.

(6) The requirements of subsection (5) may be satisfied either—

  • directly on any medium through which a person participates in a promotional competition;
  • on a document accompanying any medium contemplated in paragraph (a); or
  • in any advertisement that—
  • is published during the time and throughout the area in which the promotional competition is conducted; and
  • draws attention to and is clearly associated with the promotional competition.

(7) The right to participate in a promotional competition is fully vested in a person immediately upon—

  • complying with any conditions that are required to earn that right; and
  • acquiring possession or control of the medium, if any, through which a person may participate in that promotional competition.

(8) The right to any benefit or right conferred on a person as a result of that person’s participation in a promotional competition is fully vested immediately upon the determination of the results of the competition.

(9) A right contemplated in subsection (7) or (8) must not be—

  • made subject to any further condition; or
  • contingent upon a person—
  • paying any consideration to the promoter for the prize; or
  • satisfying any further requirements other than those stipulated in terms of subsection (5).

(11) The Minister may prescribe—

  • a monetary threshold for the purpose of excluding competitions with low value prizes from the definition of ‘‘promotional competition’’;
  • minimum standards and forms for keeping records associated with promotional competitions; and
  • audit and reporting requirements in respect of promotional competitions


2. Consumer Protection Guide for Lawyers

Page 59: Any document disclosing a promotional offer must clearly state the following:

  • The nature of the prize, reward, gift, free good or service, price reduction or
  • concession, enhancement if quantity or quality of goods or services;
  • The goods or services to which the offer relates;
  • What the prospective consumer must do in order to accept the promotional offer;
  • The details of the person from whom or the place where the consumer may receive
  • the benefit advertised in the promotional offer.

Page 63: An offer to participate in a promotional competition must be in writing and must state:

  • Benefit of the competition
  • Steps to take in order to participate in the competition
  • Basis upon which the results of the competition will be determined
  • The maximum number of potential participants and the odds of winning the competition
  • How participants will be informed of the results
  • How, when and where the successful participant may collect the prize


3. Consumer Protection Act June 2010

Page 9: Promotional competitions

Promotional competition means any competition, game, scheme, arrangement, system, plan or device for distributing prizes by lot or chance if the competition is conducted in the ordinary course of business for the purpose of promoting a producer, distributor, supplier or the sale of any goods or services.

The promoter of a promotional competition must not require any consideration to be paid by a participant other than reasonable costs of posting or otherwise transmitting an entry form or device. The promoter must also not award a prize if it is unlawful to supply those goods or services to that prize winner but does not preclude awarding a prize to a person because that person’s right to possess or use the prize might be regulated or restricted. Rules for the competition must be prepared before the competition commences and those rules must be available on request without cost. Any person who is a director, member, partner, employee, agent or consultant of the promoter or a supplier of the goods or services in connection with that competition may not participate in the competition.


II. Facebook Law


1. Facebook restrictions of competitions on their platform

E. Promotions

  1. If you use Facebook to communicate or administer a promotion (ex: a contest or sweepstakes), you are responsible for the lawful operation of that promotion, including:
    a. The official rules;
    b. Offer terms and eligibility requirements (ex: age and residency restrictions); and
    c. Compliance with applicable rules and regulations governing the promotion and all prizes offered (ex: registration and obtaining necessary regulatory approvals)
  2. Promotions on Facebook must include the following:
    a. A complete release of Facebook by each entrant or participant.
    b. Acknowledgement that the promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
  3. Promotions may be administered on Pages or within apps on Facebook. Personal Timelines and friend connections must not be used to administer promotions (ex: “share on your Timeline to enter” or “share on your friend’s Timeline to get additional entries”, and “tag your friends in this post to enter” are not permitted).
  1. We will not assist you in the administration of your promotion, and you agree that if you use our service to administer your promotion, you do so at your own risk.

For more info read what Facebook Page administrators need to know and Facebook Promotion Guidelines.


2. New Facebook Contest and Promotion Rules: What You Need to Know

Note that you can “encourage” people to share your post or contest, but you can’t require it for entry.


3. How to Run a Competition on Your Facebook Business Page

According to Facebook’s own post, the updates rules mean that:

You can:

Ask people to LIKE a post to enter

Ask people to COMMENT on a post to enter

Ask people to PRIVATE MESSAGE the page to enter

Ask people to POST on YOUR page to enter

You cannot:

Ask people to SHARE to enter

Ask people to INVITE to enter

Ask people to TAG themselves in content they are not depicted in to enter

These are the basic rules to abide by – but as is to be expected from Facebook there are some more terms and conditions you need to know about.


4. How to run a (legal) Facebook competition

Facebook requires a complete release of liability by each entrant. – Sample copy:

By entering and participating, entrant agrees to hold harmless, defend and indemnify Facebook from and against any and all claims, demands, liability, damages or causes of action (however named or described), losses, costs or expenses, with respect to or arising out of or related to (i) entrant’s participation in the Sweepstake, or (ii) entrant’s participation in any Prize related activities, acceptance of a Prize and/or use or misuse of a Prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s).

This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook.


Written on 24/02/2015.

Validated on 05/11/2015.

Please double check for latest updates, as Social Media are constantly changing.


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