The legal framework regulating cyberbullying among children in South Africa

Abstract

The development of information and communication technology, as well as digital media, has transformed the way society interacts. Online users are dependent on the safety and security of the internet in every sphere of life, ranging from education and work activities to entertainment and communication. Modern technology has changed the way people communicate and has introduced several new platforms for social interaction. While the digital transformation of society is welcomed, the expansion of the internet has resulted in new criminal behaviors. Children are especially vulnerable to cyber threats, and the increase of internet usage among children presents several challenges including malware infection, cyberbullying, identity theft, and cyber terrorism. Cyberbullying has become prevalent among children and has a detrimental impact on the well-being of children with far-reaching negative consequences on a child’s growth and development. The prevalence of the use of social media and access to the internet for children poses great risks, making them vulnerable to the act of cyberbullying. This study will examine the emergence of cyberbullying in South Africa and the existence of appropriate legislative frameworks that address cyberbullying. This study shall critically analyze whether legislation has been able to keep pace with advancing technology in order to provide sufficient relief to victims of cyberbullying. This study will also examine the extent to which legislative remedies provide children with protection from cyberbullying and the impact on various constitutional values, including the right to privacy, freedom of speech, and human dignity through the lens of the best interest of the child.