Anita Nkonki|Published
SAHRC report exposes gaps in children’s online safety protections
South Africa needs stronger laws to protect children from online abuse, invasive data collection and harmful digital platform design, the South African Human Rights Commission (SAHRC) says in a new report calling for an overhaul of legislation governing children’s online safety and privacy.
The report, Children’s Rights to Privacy and Safety on Online Platforms: Legislative Gaps and the Case for Reform, warns that existing laws are struggling to keep pace with risks including cyberbullying, online grooming, the commercial harvesting of children’s personal information and algorithms that can expose young users to harmful content.
The SAHRC’s Child Rights Unit (CRU) recommends amendments to five laws, arguing that children’s safety in the digital environment cannot depend on parental supervision alone while legal protections lag behind technological developments.
SAHRC commissioner Nomahlubi Khwinana said children must be recognised as active participants in decisions about their online safety and privacy, rather than simply as people who need protection.
“Children are not merely passive recipients of protection. They are rights-holders. They are social actors. They are part of the solution,” she said at a conference that informed the report.
Khwinana warned that digital platforms can collect and retain children’s personal information before they are old enough to understand the implications or give meaningful consent.
“The digital environment does not create a rights-free zone. It does not dilute children’s dignity. It does not reduce the obligations of the state, institutions, or private actors,” she said.
SAHRC targets gaps in five laws
The Commission recommends changes to the Protection of Personal Information Act (POPIA), the Children’s Act, the Films and Publications Amendment Act, the Cybercrimes Act and the Electronic Communications and Transactions Act.
The report identifies gaps in the regulation of addictive algorithmic feeds, default data-sharing settings, age verification and the commercial profiling of children.
It also raises concerns about parents and caregivers posting children’s photographs and personal information online without their knowledge or consent, potentially compromising their privacy and safety.
Although POPIA restricts the processing of children’s personal information, subject to specific exceptions, the SAHRC questions whether consent provides meaningful protection when children and their parents may not understand what data is collected, how it is used or how long it is retained.
The report describes this as an “illusion of choice”, noting that terms and conditions can be difficult to understand and are not always accessible in South Africa’s languages.
It also calls for legal protections to address passive data collection, where companies gather information about children’s online behaviour as they use digital services.
Concerns over data harvesting and harmful content
Moxii Africa representative Tumelo Hlaka highlighted the scale of data collection, citing research presented at the conference suggesting that social media companies may have collected about 82 million data points on a child by the age of 13.
“If something is free, you are the product,” Hlaka told delegates, calling for closer scrutiny of the commercial model underpinning digital platforms.
The Commission also wants stronger protections against harmful content served by algorithms, livestreams and AI-generated child sexual abuse material.
It argues that the Films and Publications Amendment Act does not adequately address these risks and recommends stronger age-verification requirements and child-friendly reporting mechanisms.
According to the report, the Cybercrimes Act also does not sufficiently address addictive platform design or the commercial exploitation of children’s data for targeted advertising.
The SAHRC is calling for stronger cross-border enforcement powers, given that many major technology companies operate outside South Africa.
Civil society representatives at the conference also called for greater corporate accountability. Save the Children South Africa’s Megan Briede argued that responsibility for online harm should not rest mainly on children’s behaviour, but should extend to companies whose platforms expose young users to risk.
The report says technology companies must do more to explain their safety tools and work with government, civil society and children to strengthen protections.
Cyberbullying and the impact on children
SAHRC chairperson Reverend Chris Nissen warned that cyberbullying, including harassment, threats, impersonation and the circulation of humiliating content, can damage children’s emotional wellbeing and affect their schooling.
The consequences can be severe, including self-harm and suicide.
“Speak up, stand up, and never allow yourself to be put in a corner. You occupy the central space,” Nissen said.
The Commission recommends accessible online reporting systems, stronger digital literacy education in schools, better support for parents and a national child online safety strategy.
It also highlights the digital divide, arguing that children in rural and marginalised communities need access to devices, connectivity and digital education to participate safely online.
The SAHRC says it will take its recommendations to relevant parliamentary portfolio committees and government departments.