Guideline to Social Media and SMS use in Local Goverment in South Africa

Legal Frameworks
This part of our report outlines the legal frameworks relevant to social media use in local government. The Constitution, Promotion of Access to Information Act, Protection of Personal Information Bill, Consumer Protection Act and the Electronic Communications and Transactions Act establish frameworks for local government regarding local government's obligations under the Constitution; responsibilities toward citizens as consumers of local government services; obligations regarding citizens' personal information and how their personal information is processed by local government bodies as well as enabling frameworks for electronic communications and transactions.
Social media services and platforms
When selecting social media services and platforms for implementation in local government, authorities have numerous international and local case studies to refer to in determining appropriate choices for different circumstances and demographics. These social media services and platforms offer local governments and opportunity to better engage with citizens, share important information and public records and monitor public sentiment and challenges had a far greater scale and in far more detail than was previously possible using more conventional methods.
Trends
Social media services and platforms are increasingly part of our daily lives and citizens expect governments to keep pace with the adoption of these services and to make more effective use of the services in order to better serve the population. These new services and platforms also give local government an opportunity to adopt more efficient, collaborative and effective strategies for service delivery, citizen relations and information gathering.
Regulatory Framework
The regulatory framework applicable to social media use of the local government level includes constitutional imperatives; current and anticipated privacy legislation; legislation dealing with the electronic communications as a platform for communication with citizens and potential Consumer Protection Act mechanisms which may impact on local government performance with respect to citizens.
SMS use in Local Government
SMS is potentially a useful tool for local government in communicating with the community. It is an effective method of informing large numbers of people of upcoming events, or for requesting and obtaining feedback on important matters.
If the SMS medium is not utilised properly, however, it can have negative effects. These can range from irritating recipients with unwanted messages, to breaches of privacy rights, with potentially serious consequences.
The content of this guide is complex and this executive summary is not a substitute for perusing the guide.
Use of SMS by municipalities must comply with the provisions of the Protection of Personal Information Act (“POPI”) once this is promulgated.
SMSes relating to local government per se can be sent to recipients where municipalities hold such recipient’s contact details for the purpose of providing municipal services.