Cyberbullying Among Children in South Africa - Legal Realities in a Digital Playground

Robyn Shepherd | SchoemanLaw Inc  

Category: Technology Law

Introduction 

In a world where schoolyard taunts have been replaced by WhatsApp messages, TikTok comments, and Instagram DMs, bullying has evolved, and so must the law. For South African children, the online world is not just a space to socialize or study; it is also a space where harm can take place in silence, in secrecy, and with devastating speed. The rise of cyberbullying has brought with it new legal and social challenges for parents, educators, and legal practitioners alike. 

What Is Cyberbullying? 

Cyberbullying is broadly defined as the use of digital technologies, including social media, text messaging, email, and online forums, to harass, intimidate, embarrass, or threaten another person. Among children, it may include name-calling, spreading rumours, impersonation, exclusion, revenge posting, sharing of personal images without consent, or even inciting self-harm. Unlike traditional bullying, cyberbullying is invasive, relentless, and often leaves behind a permanent digital footprint. 

Cyberbullying and South African Law 

While the emotional and psychological impact of cyberbullying is widely acknowledged, many are unaware that it can also amount to a legal offence under South African law. The Cybercrimes Act 19 of 2020.  

Moreover, South Africa's Protection from Harassment Act allows victims of online harassment, including children, to apply for a protection order. Parents or guardians may approach the court on behalf of their child to seek relief against a perpetrator, including an order that prohibits contact or online communication. Importantly, the Act also applies to electronic communications, meaning that repeated online bullying can be considered harassment, even in the absence of physical contact. 

Cyberbullying, especially when it leads to anxiety, isolation, or suicidal ideation, can be viewed as a form of psychological abuse and could trigger obligations for intervention by schools, social workers, and even law enforcement. 

Schools themselves are increasingly being held accountable for failing to address cyberbullying effectively. In line with the South African Schools Act, schools are obligated to provide a safe and supportive environment for learners. While most school codes of conduct prohibit bullying, they now need to be updated to reflect the reality of online misconduct, which may occur off school grounds but still impacts the school community. Failure to take reasonable steps to address cyberbullying can expose schools to civil liability or reputational damage. 

Parents, too, have a legal role to play. In terms of the Protection of Personal Information Act (POPIA), children's personal information is subject to heightened protection. A parent who allows or encourages a child to post harmful or invasive content could inadvertently expose themselves to liability. Conversely, a parent whose child is being bullied online should act promptly: take screenshots, report the content to the relevant platforms, involve the school, and seek legal advice where necessary. 

Given the seriousness and complexity of cyberbullying, preventative education is essential. Schools, parents, and guardians must work together to teach children about digital etiquette, empathy, and the legal consequences of online behavior. Reporting tools on social media platforms should be taught and normalized. Importantly, children must know that they have the right to speak up, and that help is available. 

Conclusion  

In conclusion, cyberbullying is not merely a moral issue; it is a legal one. South African law provides clear avenues for protection and accountability, even in the digital realm. But as technology continues to evolve, so too must our approach: one that blends legal awareness with compassion, firm boundaries with education, and protection with responsibility. Because every child deserves to feel safe, both in the classroom and on their screen. 

Robyn Shepherd | SchoemanLaw Inc  

Specialist Technology Law and Family Law

https://schoemanlaw.co.za/our-services/technology-law-smart-contracts-and-cyber-law/