The Anatomy Of Law Making In Botswana.
Its common knowledge to anyone who went to primary school that the Legislature is the arm of government responsible for making laws in a democratic society.
Laws are made to maintain order, to settle disputes and to protect the interests of the state and its citizens. It is the function of the law to reinforce social values that include morality, customs and conventions.
Custom is a habitual practice
Convention is an agreed rule that guide social lives.
The creation of laws is triggered by a number of events, these are:
- Public opinion advocating for change
- Pressure group campaign
- Government manifesto campaign (what political leaders promise people to do)
- Decisions of the court of law. – When a court of law, particularly the Court of Appeal decides that an existing law violates the constitution or goes against public policy, It declares it null and void. The impact of the decision is to compel / place a mandate on Parliament to revise, amend or enact an appropriate law.
- Report from a commission of enquiry. An example is the Constitutional Review Commission that travelled around the country during the year 2022.
- Recommendations from service departments. – This is because they are responsible for enforcement of laws passed by Parliament & they experience the challenges and impracticalities of enforcing those laws.
Laws aren’t made overnight, they are a result of continuous exertion of pressure on the relevant authorities. It is a task that demands deliberate action and relentless advocacy. The laws we see in force in Botswana today are a result of the actions of those who refused to give Parliament a reprieve.
A good example of the continuous advocacy is the Anti Gender Based Violence Movement.
This began as a protest against the indifference of law enforcement agencies. Then it became an active campaign that garnered support in every department on social media and other digital platforms. It also gained the support of neighboring countries who advocated for non-violence.
This therefore made it impossible to ignore by any officials and it compelled a sense or urgency in law making.
The result was a revised Domestic Violence Act, the creation of a specialized court and the continuous awareness campaign on law enforcement agencies. This is the type of pressure & relentless effort it takes to create new laws.
It is not enough to protest before Parliament and to deliver petitions. There must be constant and deliberate commitment to change.
It is not enough to comment at Kgotla meetings, there has to be coordinated action in and out of season.
Every law that has been passed in Botswana was passed with your consent, your indifference subjected you to the laws that now apply to you.
How do you influence/participate in law making
- Support campaigns driven towards positive reforms such as the Anti-Drug Campaign / Anti GBV
- Donate money to causes that lobby for law reforms or amendment.
- Participation is key. Support is key. The strength of a campaign and its impact depends on its finances & resources.
Signs Your Computer Or Phone Has Been Hacked and Essential Steps to Take:
Signs Your Phone Has Been Hacked:
- Battery Drain: If your phone’s battery drains rapidly, even when you’re not using it extensively, it may indicate a hacking attempt. Malicious applications running in the background can consume significant battery power.
- Unusual Data Usage: Unexpected spikes in your data usage could be a sign of a compromised phone. Malware or hacking tools may generate excessive data traffic, leading to increased usage beyond your normal patterns.
- Slow Performance: If your phone suddenly starts running slower, freezing, or crashing frequently, it could be due to malware or a hacker’s presence. Intrusive software can consume system resources, impacting performance.
- Unfamiliar Apps or Settings: Keep an eye out for unfamiliar apps appearing on your phone, especially if you didn’t download them. Additionally, if you notice changes to your phone’s settings without your consent, such as new home screen icons or modified security settings, it may indicate unauthorized access.
- Strange Behavior: Be wary of strange behavior on your phone, such as unexpected pop-ups, messages, or calls, particularly from unknown or suspicious sources. Additionally, if your phone starts sending text messages or making calls without your knowledge, it could be a sign of a hack.
Essential Steps to Take If You Suspect Your Phone Has Been Hacked:
- Disconnect from Networks: Immediately disconnect your phone from Wi-Fi, mobile data, and Bluetooth to prevent further unauthorized communication with potential attackers. This will help limit the potential damage.
- Update and Patch: Keep your phone’s operating system, apps, and security software up to date. Regularly install the latest updates and patches, as they often contain crucial security fixes that address known vulnerabilities.
- Scan for Malware: Install a reputable mobile security app from a trusted provider, such as Avast, McAfee, or Bitdefender, and run a thorough scan of your device. These apps can detect and remove known malware, protecting your phone from further compromise.
- Remove Suspicious Apps: Review the apps installed on your phone and uninstall any suspicious or unfamiliar ones. Pay attention to apps with excessive permissions or those that request access to sensitive information they don’t require.
- Change Passwords: Change your passwords for all your important accounts, including email, social media, and financial accounts. Use strong, unique passwords and enable two-factor authentication (2FA) whenever possible to provide an additional layer of security.
- Clear Cache and Data: Clear your phone’s cache and app data to remove any potentially malicious files or remnants left behind by malware. This can help eliminate traces of the hack and improve your device’s performance.
- Monitor Account Activity: Regularly monitor your accounts for any suspicious activity. Keep an eye on your financial transactions, emails, and social media accounts. Report any unauthorized access or suspicious behavior to the respective service providers.
- Factory Reset: If you’re unable to remove the hack or suspect severe compromise, consider performing a factory reset on your phone. This will erase all data and return your device to its original state. Remember to back up your important data before proceeding.
- Consult with Experts: If you’re unsure about the extent of the hack or need further assistance, consult with a mobile security professional or contact your phone’s manufacturer for guidance and support.
Signs Your Computer Has Been Hacked:
- Sluggish Performance: If your computer suddenly experiences a significant decrease in performance, it could be a sign of malware or a hacker’s presence. Monitor your computer’s speed and responsiveness, and be vigilant if you notice any unexplained slowdowns.
- Unexpected Pop-ups and Advertisements: Unwanted pop-ups and advertisements, especially those appearing when you’re not browsing the internet, may indicate a malware infection. Take notice of intrusive ads and be cautious of their sources.
- Unusual Network Activity: Keep an eye on your network activity. If you observe abnormally high data transfer even when you’re not actively using the internet, it could be a sign of unauthorized access. Monitor your network traffic to identify any suspicious behavior.
- Unauthorized Account Access: If you discover that your online accounts have been compromised, such as receiving password reset emails you didn’t initiate or noticing unfamiliar activities on your accounts, it may indicate a hacker gaining unauthorized access. Act promptly to secure your accounts and limit the potential damage.
- Unexplained System Changes: Pay attention to any unexpected changes in your computer settings, such as new applications appearing without your consent, altered browser settings, or unfamiliar icons on your desktop. These alterations may signify a hack attempt.
What to Do If You Are Hacked:
- Disconnect from the Internet: If you suspect a hack, immediately disconnect your computer from the internet. Unplugging the network cable or disabling Wi-Fi will prevent further communication between your compromised system and the hacker’s command and control servers.
- Scan for Malware: Run a thorough scan using reputable antivirus software to detect and remove any malware present on your computer. Ensure your antivirus software is up to date before performing the scan.
- Change Passwords: Change the passwords for all your online accounts, starting with your email and banking accounts. Select strong, unique passwords for each account, using a combination of letters, numbers, and symbols. Consider using a password manager to securely store your passwords.
- Update and Patch: Update your operating system, applications, and security software to the latest versions. Keeping your software up to date helps protect against known vulnerabilities that hackers might exploit.
- Enable Two-Factor Authentication (2FA): Activate 2FA on all accounts that offer this additional security layer. 2FA requires a second form of verification, such as a unique code sent to your mobile device, to access your accounts. This makes it harder for hackers to gain unauthorized access, even with your compromised password.
- Monitor Accounts and Statements: Regularly monitor your bank accounts, credit card statements, and other financial transactions for any suspicious activity. Report any unauthorized charges or activities to the respective institutions immediately.
- Consult with Professionals: If you’re unsure about the extent of the hack or require assistance, consider consulting with a cybersecurity professional or IT expert. They can assess the situation, provide guidance, and help implement additional security measures.
When analyzing a device for malware, there are several tools available that can assist in the process. Here are some commonly used tools for malware analysis:
- Antivirus Software: Reliable antivirus software, such as Avast, McAfee, or Norton, can help detect and remove known malware from your device. Perform a full system scan using the antivirus software to identify any infected files or malicious programs.
- Malwarebytes: Malwarebytes is a popular anti-malware tool that specializes in detecting and removing various types of malware. It can identify both known and emerging threats, including adware, spyware, Trojans, and ransomware.
- Windows Defender (Microsoft Defender Antivirus): Built-in to Windows operating systems, Windows Defender (known as Microsoft Defender Antivirus on newer versions) provides basic protection against malware. It scans for known threats and can be used as a starting point for malware analysis.
- Process Monitor: Process Monitor, a free tool from Microsoft, helps monitor and log system activity, including file system and registry changes, process creations, and network activity. It can assist in identifying suspicious behavior and pinpointing the source of malware.
- Wireshark: Wireshark is a powerful network protocol analyzer that captures and analyzes network traffic in real-time. It can be used to examine network packets, identify unusual network activity, and uncover potential malware communication.
- Dependency Walker: Dependency Walker is a useful tool for analyzing executable files (DLLs, EXEs). It helps identify missing or malicious dependencies, check digital signatures, and examine the imported and exported functions within a file. This can assist in identifying potential malware components.
- Sandbox Tools: Sandbox tools, such as Cuckoo Sandbox or Joe Sandbox, provide a controlled environment to execute suspicious files and monitor their behavior. They allow you to observe the actions of potentially malicious programs without risking your actual system.
- VirusTotal: VirusTotal is an online service that analyzes files and URLs using multiple antivirus engines and other scanning tools. You can upload suspicious files or enter URLs to check if they have been flagged as malware by various antivirus solutions.
- YARA: YARA is a powerful pattern matching tool designed to identify and classify malware based on specific rules. It can help in the creation and detection of malware signatures, making it useful for advanced malware analysis.
A Comprehensive Guide to Gun Laws in Botswana:
How to Legally Own a Firearm
Gun ownership is a topic that raises various debates and concerns around the world. Different countries have distinct regulations in place to control the possession and use of firearms. In Botswana, a southern African nation known for its rich wildlife and diverse landscapes, gun ownership is subject to specific laws and procedures. If you’re interested in legally owning a firearm in Botswana, it’s crucial to understand the legal framework and follow the necessary steps to ensure compliance. This comprehensive guide will walk you through the gun laws in Botswana and provide a step-by-step explanation of the process to obtain a firearm license.
Understanding Gun Laws in Botswana
To navigate the process of owning a firearm in Botswana, it’s essential to familiarize yourself with the country’s gun laws. The Firearms Act of 1979 serves as the primary legislation regulating firearm ownership in Botswana. This Act, along with subsequent amendments, outlines the legal requirements, restrictions, and penalties related to firearms.
Botswana’s gun laws aim to strike a balance between individual rights and public safety. The government recognizes the importance of firearm control to mitigate the risks associated with gun ownership. Consequently, specific eligibility criteria and procedural guidelines have been established to ensure responsible ownership.
Eligibility Requirements for Gun Ownership
Before embarking on the journey to acquire a firearm in Botswana, it’s crucial to determine whether you meet the eligibility requirements. To legally possess a firearm, you must be at least 21 years old and mentally sound. Additionally, individuals with criminal convictions or a history of violence are generally ineligible for firearm ownership. Meeting these requirements is a fundamental step in the process and sets the foundation for a lawful and responsible approach to gun ownership.
Applying for a Firearm License
Once you have confirmed your eligibility, the next step is to initiate the application process for a firearm license. The application form can be obtained from your local police station, and it is essential to complete it accurately and honestly. The form will require personal information, including your full name, address, contact details, and details about the intended use of the firearm. Honesty and transparency throughout the application process are crucial to ensure a smooth and lawful acquisition.
Supporting Documents and Firearm Competency Training
Alongside the application form, you will need to provide several supporting documents to substantiate your application. These typically include proof of identity (such as a national ID or passport), proof of address, character references, and two recent passport-sized photographs. The supporting documents serve to establish your identity, residence, and character.
Moreover, before obtaining a firearm license, you must complete a firearm competency training course. This training is designed to equip you with the necessary knowledge and skills related to firearm safety, handling, and basic marksmanship. Successful completion of the training will result in a certificate of competency, which is an essential requirement for the firearm license application.
Background Checks and Investigations
Once you have submitted your application and provided the required documents, the local police will initiate thorough background checks and investigations. These checks are conducted to ensure that the applicant has a clean criminal record and is a responsible individual deserving of firearm ownership. As part of the process, the police may conduct interviews with your character references and neighbors to gather additional information about your suitability for firearm ownership.
Approval, Licensing, and Firearm Acquisition
Upon successful completion of the background checks and investigations, and assuming you meet all the necessary requirements, your firearm license application will be reviewed. If approved, you will be issued a firearm license specifying the type and caliber of the firearm you are authorized to possess. The license will also outline any specific conditions or restrictions associated with your firearm ownership.
With a valid firearm license in hand, you can proceed to purchase a firearm from a licensed firearm dealer. It’s important to adhere to the stipulated regulations and ensure that the purchased firearm aligns with the specifications mentioned in your license. Once you acquire a firearm, it must be registered with the police within a specified period, typically within seven days, to maintain compliance with the law.
Ponzi Schemes
Question :Can you recover your investment from a Ponzi Scheme?
The answer is No.
Reasons:
- You do not know the Identity of the entity(Individuals who benefited from your money, you can not sue a party whom you do not know.)
- such schemes are illegal because they amount to fraud. The law does not recognize or listen to cases based on illegal transactions.
- such schemes encourage Tax invasion. most of you do not pay tax on your income from the schemes so no Government entity will sympathize with you for your loss.
Taxation
In the context of the legal fraternity , taxation means moderation . It is a process by which a successful party can have their bill of costs moderated and confirmed as court order.
Taxation is where the buck stops in the litigation process. Here is a basic outline of how it works:
- The court when granting judgement also awards costs to a successful party.
- The court stipulates the scale on which costs will be billed. That is, it can either be costs on the ordinary scale or on a higher scale called the Attorney – Client scale. The latter scale is awarded only when the court wishes to show its displeasure against the losing party.
- The successful party then prepares what we call a Bill of Costs, It is a detailed invoice of all the costs that the successful party had to pay for during the litigation process.
- The bill is then filed at court and a stamp fee of P60.00 is paid by whoever files the papers, and a copy of the bill is then served to the unsuccessful party so that they can prepare themselves.
- The registrar will set a date for taxation and invite the parties to come for taxation of the Bill.
- On the day of taxation , the parties have the option to settle without going over the cost of each item or they go through the taxation process by discussing whether each item billed for is reasonable.
- At the end of the meeting , the total costs are added and the registrar issues an order directing the unsuccessful party to pay the costs. The Registrar’s order is as valid as any court judgement. The unsuccessful party may negotiate for a grace period if the other party is open to it. Generally costs are payable immediately.
Things To Note:
- Taxation is more beneficial if the successful party had an attorney representing them. Individuals may only recover transport costs and printing costs.
- Insist on a record being written on the proceedings of taxation especially if you do not agree with certain awards made by the Registrar
How To Prepare For Taxation:
The general rule is that the more experienced the attorney, the higher their hourly rate. With that in mind, you should also ensure that you have the following documents when you go for taxation:
- Certification of admission to practice or your practicing certificate for the first year of practice.
- Valid practicing certificate to establish that you are qualified to enjoy costs
If you have proof of your years of experience it is easy to set the hourly rate to be used throughout the Bill. Failure to produce proof of your admission could cost you thousands so always be prepared. Do not assume that the other attorney know you or the registrar knows you. Technicalities can really cost an attorney and their client a lot of money.
Right To Review
Every administrative decision can be reviewed by a court if the other party is displeased with the manner in which such decision was reached. That means, you can complain about the procedure that was adopted during taxation or the substance of the taxation that were taken into into account when they should have mattered.
On Failure To Pay
If the unsuccessful party does not pay on the date set, the successful party party may apply for a Writ of execution to attach property. If that does not bear fruit the successful party can also seek a garnishee order. Each option depends on the circumstances of the case.
On a parting note, be mindful of the fact that litigation is an expensive process and in some cases the costs recovered are far less than what the successful party invested. That being said, if there is ever any prospect of a settlement , explore it fully. There is no such thing as a 100% win in Litigation.
Who Gets Paid The Costs Awarded ? :
The successful party gets refunded what they paid to the attorney. The balance is a residual fee for the attorney who handled the case. This is because often times the attorney do not bill for every hour they spend on the case. The human element always factors in when on e bills their client.
Checklist For Individual Land Buyers & Sellers
- The original title deed / certificate lease.
- Valuation report (from seller).
- Copies of identity seller and buyer.
- copies of identity seller and buyer spouses.
- proof of marital status for seller and buyer.
- proof of community of property (form B).
- proof of recent payment of rates at city council or lease at land board.
- Consent letter / affidavit from seller’s spouse.
Land Buyers & Sellers Should Also Remember :
#1
If you have the above mentioned documents when you meet with the seller or buyer then you are ready to sit at the table and conclude a sale agreement.
#2
Visit the plot / house that you intend to buy and see it in person to satisfy yourself that you want it as it is.
#3
Always know where the seller or buyer resides in case you might need to circle back to them at at a later date.
#4
Do not be in a hurry to pay before all of the basic paperwork is presented before you to inspect.
#5
You can go wrong with property if you do not follow the right procedure when buying land.
Remember :
When it comes to buying or selling land, there are many legal considerations to keep in mind. Land transactions involve significant financial investments, and mistakes can be costly. Both buyers and sellers should be aware of the legal aspects of a land transaction to ensure a smooth and legally sound transaction. and transactions involve complex legal issues, and both buyers and sellers should be aware of the legal considerations involved. By understanding the legal aspects of a land transaction, buyers and sellers can avoid costly mistakes and ensure a smooth and legally sound transaction. therefore, It is advisable to engage the services of a lawyer when purchasing land, as they possess knowledge and expertise in the legal aspects of such transactions
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Read: THINGS YOU NEED TO KNOW BEFORE BUYING ESTATE LAND IN BOTSWANA
Wills
Who qualifies to register a Will?
Answer: Any adult who has a valuable asset.
Often times people under 40 assume that they do not need a Will until they are about to retire at 60. This is a common misconception which only cause more problems when the unforeseen happens.
The assumption that you will live long enough to sit down with your attorney to prepare a Will is robbing you of the chance to put your house in order. Wisdom demands that you should always be a step ahead.
What should you include in your Will :
If you know that you own anything that you consider as valuable then now is time for you to start enquiring about getting a Will registered. One can include almost anything to their Will as long as they are the rightful owners. This may range from a collection of high-end sneakers, watches, hand bags to your first plot, house, farm or machinery that you own.
When you prepare to register a Will you need to first identify your Executors who Will be tasked with the role of ensuring that your Estate is distributed in accordance with your Will your Executors should be individuals who do not stand benefit under your Will. They should also be trustworthy and accountable.
Next you prepare an inventory of all your assets (Land, movables, shares or any other beneficial interests). You will need to decide how you want them to distributed amongst your heirs (beneficiaries).
Conditions that you can place on your inheritance
There are certain conditions you can place on your inheritance and these are;
- The age at which your heirs should inherit;
- The exclusion of the property from the heir’s joint marital property (This is to ensure that your legacy remains within your family)
Your Will allows you a chance to convey your wishes regarding how and where you want to be buried.
Your Will allows you to decide the line of succession in the event your heir dies before you (especially if you do not amend it afterwards). It allows you to explicitly exclude someone from inheriting from you. That is to say, if there is someone who is likely to inherit from your estate under the cultural customs of your tribe, you can specify that you leave them nothing. This is to ensure that there is no doubt or speculation that they were merely forgotten.
Another Interesting condition that you can include in a Will is that you can leave your house to your children on condition that your spouse shall remain in full occupation, undisturbed for the duration of their lifetime. This protects your spouse from eviction from the property by anyone and gives the children the assurance of an inheritance in the near future. This type of setup is called a Fidelcommissum.
Avoid the dreaded family estate battle
In a country (such as Botswana) that has a lot of blended families, a Fideicommissum eases the tension between stepparents and stepchildren because it creates a truce between them.
If you die without a Will, your assets will be distributed according to your cultural customs. For example, some cultures do not recognize a woman’s right to inherit and only sons inherit property especially land whereas women /girls get sentimental household items.
As a parting thought, consider whether you would entrust the division of your valuables to your culture or to the state to manage and distribute it according to your Will.
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The Cessation Of The Use Of Cheques.
The world we live in today has advanced into a cashless society. Entities like, Banks and Financial Institutions now encourage electronic banking by any means. International organizations such as the World Bank, International Monetary Fund, and United Nations have also been promoting electronic banking as a way to promote financial inclusion and reduce poverty. They have even gone to the extent of providing technical assistance to countries to help them develop electronic banking systems and policies.
Younger Generation And Electronic Transactions
The younger generation is adept at utilizing online money services such bank transfers, ewallet / instant money services as well as accessing bank statements, confirmation letters, forex exchange and other global transactions while eliminating the need to exchange hard cash. Younger people have grown up with technology, and are therefore more comfortable using electronic payment methods such as mobile payments, online banking, and digital wallets. They also tend to be more open to new technologies and innovations in the financial sector.
Older Generation And Electronic Transactions
The older generation tends to be less comfortable with electronic transactions compared to the younger generation. This can be due to a number of factors, including a lack of familiarity with technology, concerns about security, and a preference for traditional payment methods.
Many older individuals may have grown up in a time when electronic transactions were not as prevalent, and may not be as familiar with using computers, smartphones, or other digital devices to conduct financial transactions. As a result, they may be hesitant to use electronic payment methods like online banking or mobile payments.
The Cessation of Cheques
The last form of traditional money exchange is the use of cheques and it is now about to be phased out completely. Cheques, as a form of transaction, are becoming less popular as electronic payments become more prevalent. While cheques are still accepted by many businesses and financial institutions, their use has been declining steadily over the past few years. This change is partly motivated by global financial intelligence policies.
What You Should Do:
If it has not already been made abundantly clear, it means you need to position yourself by doing the following things,
- Re – Open dormant bank accounts.
- Open a new bank account
- Register for online banking and familiarize yourself with how it works and start using it consistently.
- For businesses, it means you need to acquire speed point machines (swiping machines). It is also important to teach staff how to use them and then start using them.
- Set up a Paypal account , Skrill, Venmo, Shopify, Googlepay or any other trusted and google verified digital platforms that allow you to pay for goods or services online especially if you are going to be buying anything internationally.
- If you do not have access to a bank account you can also make use of electronic money wallets that do not require a bank account to open. If you are in Botswana you can keep and transfer as much as 30 000BWP (3000 USD) by using wallets like Orange Money, Myzaka or Smega.
- Once you have become conversant with the use of these platforms, you are less likely to be taken advantage of by those more knowledgeable than you. So it’s important for one to learn the basics so be able to maneuver in the society we now live in.
- Having acquired all the knowledge, Its important to help your parents or the elderly in our society to set up these online platforms as they are used to handling hard cash. Slowly but surely the use of online transactions will sink into our culture as its benefits are extensive.
- The older generation owns land and usually when they sell it they expect payments to be done in cash. The problem is, banks are now reluctant to accept large cash deposits because the source of funds will need to be checked thoroughly checked. It is an inconvenient process even for bankers to produce proof of the source or details of the person who paid in cash. In comparison to electronic payments that leave a clear record of the money.
- At some point in the near future it is going to be odd to see anyone transacting in hard cash. You do not want to stick out like a sore thumb when your lack of understanding makes you look like a suspect.
- Botswana Automated Clearing House (BACH) will cease to accept cheques for clearing as at December 31, 2023. Therefore it is important to use the next eight months of the year 2023 to set up your digital platforms and online banking. After you are done you might actually spent the rest of the year with out having to step into a bank at all.
The Cessation of Cheques and digitization of money
The trend towards the cessation of the use of cheques has been ongoing for some time now, and it is becoming increasingly rare to see cheques used for transactions. If you still rely on cheques for your financial transactions, it’s important to consider other payment options especially electronic payments that have become more widely accepted and efficient.
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The Impact of Social Media on Privacy Laws:
What You Need to Know
Social media has become a ubiquitous part of modern life, and while it provides many benefits, it also raises concerns about privacy. In this article, we’ll explore how the use of social media affects our privacy rights and the impact it has had on privacy laws.
Personal Data – Social Media Platforms
Social media platforms collect vast amounts of user data, including personal information such as names, age, location, and browsing history. However, this has been a subject of controversy, with many people arguing that these platforms are not transparent about how they collect and use user data.
International Laws
In response, privacy laws have been introduced to regulate the use of personal data by online social networks. For example, the European Union’s General Data Protection Regulation (GDPR) requires social media platforms to obtain explicit consent from users before collecting and using their data. Similarly, the California Consumer Privacy Act (CCPA) in the US mandates that social media platforms provide users with the ability to opt-out of the sale of their personal information.
Botswana Laws
Botswana has yet to implement specific laws that govern social media privacy. However, Botswana’s Data Protection Act of 2018 provides some level of protection to individuals’ personal data, including data that may be shared on social media platforms.
Under the Data Protection Act, personal data must be collected and processed in a lawful and fair manner. Individuals have the right to know what personal data is being collected about them and how it will be used. They also have the right to access, correct, or delete their personal data.
While the Data Protection Act does not specifically address social media, it applies to any organization or person that processes personal data. This includes social media platforms operating in Botswana. Therefore, social media platforms must comply with the Data Protection Act when processing personal data of Botswana users.
Legal Actions
Moreover, social media platforms have faced legal actions for their handling of user data. In 2018, Facebook was embroiled in a scandal when it was revealed that a data analytics firm had harvested the personal information of millions of users without their consent. This led to numerous regulatory actions against Facebook, including a $5 billion fine by the US Federal Trade Commission (FTC).
Fake News And Misinformation
The spread of fake news and misinformation on social media has led to many legal and ethical questions about privacy. For instance, fake news and misinformation can cause reputational harm and lead to harassment. This can have long-lasting effects on an individual’s privacy. Additionally, it can lead to identity theft, stalking, and other types of cybercrime.
To address these concerns, privacy laws have been introduced in many countries around the world. For example, in Germany, the Network Enforcement Act (NetzDG). It requires social media platforms to remove hate speech and fake news, and other illegal content within 24 hours or face significant fines.
Similarly, the European Union has introduced the Code of Practice on Disinformation. It comes in to promote transparency and accountability among online social network organizations regarding the spread of fake news and misinformation. The code also encourages these platforms to work with fact-checkers and independent researchers to identify and combat false information.
In the United States, the Communications Decency Act provides immunity to social media platforms for content posted by their users. However, the Act does not protect platforms from legal action related to the spread of fake news and misinformation. Therefore, social media platforms could face legal action for their role in spreading false information.
Addition
Social media has had a significant impact on privacy laws. It is important to understand how it affects our privacy rights. While social media platforms provide many benefits. It is essential to be aware of the risks associated with sharing personal information online. Online social platforms must be transparent about how they collect and use user data to ensure that users’ privacy rights are protected.
