TikTok has become one of the most influential social media platforms in South Africa. Every day, thousands of users go live to entertain, debate, confront, and at times openly attack one another in real time. The hype surrounding TikTok Lives has created an environment where drama is rewarded, outrage drives engagement, and the line between entertainment and unlawful conduct is increasingly blurred. What many users fail to appreciate, however, is that conduct on TikTok Lives is not immune from legal scrutiny. The criminal law applies just as firmly online as it does offline.
A common misconception is that because criminal defamation has been abolished in South Africa, there are no longer criminal consequences for online insults or public humiliation. This belief is incorrect. While criminal defamation is no longer recognised, crimen injuria remains firmly embedded in South African law and has become increasingly relevant in the digital age.
Crimen injuria is defined as the unlawful, intentional, and serious impairment of another person’s dignity or privacy. It is rooted in the constitutional right to dignity and seeks to protect individuals from conduct that degrades, humiliates, or devalues them. In the context of TikTok Lives, crimen injuria may be committed where a user deliberately insults, shames, or attacks another person in a manner that is objectively serious. This includes racial slurs, sexually degrading remarks, hate-filled commentary, or sustained verbal attacks designed to humiliate a person in front of an audience.
What makes TikTok Lives particularly concerning from a legal perspective is their public nature. Unlike a private exchange, a live broadcast exposes harmful conduct to potentially thousands of viewers in real time. Courts are increasingly alert to the reality that public humiliation on social media can have severe emotional, reputational, and psychological consequences. The fact that a live stream is later deleted or disappears does not undo the harm caused, nor does it erase criminal liability once the offence has been committed – especially when so-called “lurk accounts” are recording the TikTok lives and then publishing the TikTok live on their page for clout.
The situation becomes even more serious when online conduct escalates from insults to threats. South Africa has seen a growing trend of TikTok users making explicit or implied threats of physical harm during live streams, often in the heat of online disputes. Such conduct may constitute criminal offences, including intimidation or assault by threat. Importantly, the law does not require that the threat be carried out. If the words used are such that a reasonable person would fear that the threat may be executed, criminal liability may arise.
Many users wrongly assume that statements made during a live stream are fleeting or informal. In reality, TikTok Lives are frequently recorded, saved, and reshared. These recordings may later be relied upon as evidence in criminal proceedings. What may feel like a moment of online bravado can quickly escalate into a serious legal problem, particularly where threats, hate speech, or repeated abusive conduct are involved.
It is also important to understand that freedom of expression, while constitutionally protected, is not absolute. The Constitution does not protect speech that unlawfully infringes on the dignity, safety, or rights of others. Social media platforms are not law-free zones, and arguments that conduct was intended “for views” or said “in the heat of the moment” carry little weight once criminal thresholds are crossed.
In an era where digital conduct is easily recorded and widely disseminated, accountability extends far beyond the screen. TikTok Lives may feel informal and fleeting, but the law treats them as public forums, and those who abuse that platform do so at their own peril.
Whether you find yourself on the receiving end of online abuse or threats, or you are facing allegations arising from conduct on social media, early legal advice is crucial. Both victims and alleged offenders have rights and obligations that must be carefully navigated. BDK Attorneys is well positioned to assist, offering experienced guidance, strategic advice, and effective representation in matters arising from online conduct and criminal law implications.
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