We live in a world where almost everyone has a smartphone and access to social media. Videos can spread within minutes through WhatsApp, TikTok, Facebook, Instagram and X. While many viral videos are harmless, others show school fights, public assaults, and people being humiliated or hurt.
In some cases, the person filming is not simply a bystander who happens to be nearby. They may know that a fight is about to happen, encourage the attacker, arrange the recording or film the incident so that it can be shared online. The victim may suffer not only physical injuries but also lasting emotional distress when the footage is circulated.
But can the person holding the phone also get into legal trouble?
Yes, in certain circumstances. However, filming a fight does not automatically make someone guilty of a crime. Under South African law, the circumstances and the person’s involvement matter.
When Can Filming a Fight Make You Criminally Liable?
South African law recognises that a person who helps someone commit a crime may also be held criminally responsible.
For example, if someone deliberately helps organise an assault, encourages the attack as part of a shared criminal plan, or assists the attacker in carrying it out, that person may face criminal charges even if they never physically hit the victim.
The legal principle known as common purpose may also apply. In simple terms, this means that people who share a criminal purpose and actively participate in carrying it out can, in appropriate circumstances, be held responsible for the crime committed by one of them.
A prior agreement is not always necessary. However, merely being present or recording what happens is not enough, by itself, to establish criminal liability. The prosecution must prove the legal requirements for the particular offence or form of liability beyond reasonable doubt.
Cheering, shouting encouragement or filming at an attacker’s request may be relevant evidence, but these actions do not automatically make the person filming guilty. The court must consider all the circumstances, including what the person intended and whether their conduct amounted to participation or assistance.
What If You Simply Record What Happens?
Imagine that you are walking past a shopping centre or school when a fight suddenly breaks out. You take out your phone and record the incident without encouraging either person or helping anyone attack the other.
Simply recording an incident does not automatically make you an accomplice to the assault.
South African law does not impose a general duty on every bystander to physically intervene whenever a crime takes place. However, particular legal duties may arise in certain circumstances, and other conduct may create separate legal problems.
For example, deliberately obstructing an investigation, helping a suspect evade justice or making a false statement to the police may have legal consequences of its own.
If you witness an assault, consider your safety first. Where appropriate, contact the police or emergency services rather than putting yourself or another person at risk by physically intervening.
Can You Get Into Trouble for Sharing the Video?
Even if recording a fight was not itself unlawful, sharing the footage can raise separate legal issues.
The legal position depends on what the video shows, how it was obtained, who appears in it and how it is distributed.
For example:
- Videos involving children: Special legal protections apply to children in certain circumstances. The Films and Publications Act 65 of 1996 contains specific provisions concerning films and photographs depicting sexual assault and violence against children. Knowingly creating, producing or assisting with such material can amount to an offence under the circumstances covered by the Act.
- Intimate images: Sharing someone’s private sexual photographs or videos without the required consent can be a criminal offence under applicable South African legislation, including section 16 of the Cybercrimes Act 19 of 2020 in circumstances covered by that provision.
- Messages encouraging violence: Certain electronic communications that incite violence or threaten people with violence may fall under the Cybercrimes Act.
- Privacy and reputational harm: Publishing identifiable footage can also raise privacy or other legal concerns, depending on the circumstances and how the material is used.
This does not mean that every video showing an assault is automatically illegal to share. A video may, for example, provide evidence of a crime. Nevertheless, sharing footage to humiliate a victim, expose a child or encourage further violence can have serious consequences depending on the facts and the applicable law.
If a video shows a crime, consider preserving the original recording and providing it to the police rather than automatically posting it online.
Think Before You Press Record
A smartphone can capture important evidence, but it can also be used to encourage violence or turn someone’s suffering into entertainment.
In South Africa, the person who throws the punches is not necessarily the only person who may face criminal liability. Someone who intentionally assists in an offence or participates in a shared criminal plan may also be held responsible if the legal requirements are proved.
At the same time, a person who merely records an incident is not automatically guilty of the crime being filmed.
Before recording or sharing a fight for social media attention, think about your role, the victim’s safety and the possible consequences. A few seconds of footage can have a lasting impact on someone’s life—and what you do before, during and after the recording may matter legally.
Holding the camera doesn’t mean holding no blame. If an attack on you was filmed and posted online, the person recording may be legally just as responsible as the attacker. Don’t let accomplices hide behind their phone screens—contact BBP Law Attorneys today, and let our legal team fight for your justice.
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