It has already cost the family of a Gauteng teen anonymously threatened with gang rape and murder a small fortune in legal fees and months of trauma navigating an inter-continental administrative quagmire to compel Facebook Inc to disclose the identity of the holder/s of several Instagram accounts used to make the threats.
After she had received the threats, the teenager’s parents turned in desperation to social media expert Sadleir. For weeks Sadleir engaged Facebook, Facebook’s lawyers and SAPS while the teenager also lodged a criminal complaint, all of this with no satisfying outcome. “The relief that the applicant seeks is not novel or complex. It is based on century-old authority that a person may seek an order compelling another to disclose the identity of a wrongdoer,” said the legal team.
Anyone who signs up for Facebook Inc-owned social media platforms, including Instagram, and who wants to obtain basic subscriber information of a person suspected of committing a crime, would face impossible hurdles, the legal team said. The only option left was to procure lawyers and to approach the High Court for leave to sue “by way of edictal citation and substituted service”.
After jumping through costly legal hoops and serving the notice, by hand, to Facebook in California, Facebook Inc, on 6 July 2020, then filed a notice of its intention to oppose the child’s application.
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