South Africa’s human rights watchdog says gaps in existing laws leave young internet users exposed to cyberbullying, exploitation and the collection of personal information without meaningful consent. The South African Human Rights Commission (SAHRC) is calling for changes to several laws to strengthen protections for children using social media and other digital services.
In a report launched on 22 October, the commission highlighted shortcomings in legislation governing data protection, cybercrime and online content, warning that existing measures do not adequately address risks linked to how digital services are designed and operated. The report, Children’s Rights to Privacy and Safety on Online Platforms: Legislative Gaps and the Case for Reform, follows a stakeholder conference held in Johannesburg on 28 March.
According to the commission, children’s personal information is routinely collected without meaningful, informed consent. Reporting systems for online harm can also be difficult for young users to access, while parents and caregivers may lack the digital knowledge needed to guide them. The report identifies concerns including cyberbullying, online grooming, harmful content, exploitation and algorithmic feeds designed to encourage prolonged engagement.
The commission is recommending amendments to the Protection of Personal Information Act (POPIA), the Cybercrimes Act, the Films and Publications Amendment Act and the Electronic Communications and Transactions Act. Proposals include stronger requirements for consent when processing children’s information, mandatory age verification, child-friendly reporting tools and greater powers for regulators to investigate international technology companies.
The findings raise questions about the responsibilities of major social media companies, including Meta, which owns Facebook and Instagram. Meta representatives attended the March conference, according to reporting by Daily Maverick. The commission hopes its recommendations will lead to further engagement between government, technology companies and other stakeholders.
Commissioner, Nomahlubi Khwinana, said children had identified the protections they wanted, including safer default settings, accessible reporting systems and privacy they could understand. The commission also stressed that young people should participate in decisions affecting their digital lives. Its recommendations will be taken forward through engagement with parliamentary committees and relevant government departments.
The report places responsibility on more than parents alone, calling for stronger legal safeguards, better digital education and greater accountability from companies whose services form part of children’s everyday lives.
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