The Constitution of the Republic of South Africa is the supreme law of the land. It states that everyone has the right to privacy, equality, liberty, security and dignity. Cyberbullying and/or trolling a person is inexcusable and not only has a devastating effect on a victim, but it is punishable and an offender bears the weight of the law if convicted of the crime. People need to be careful about what they post online. Nowadays, it has become relatively easy for a person to simply search for your name on social media platforms and create a fictitious social media account in your name and image. If you post your photos/videos on social media platforms, you will not be spared from becoming a victim of cyberbullying. To limit the chances of your images/videos having been leaked on social media platforms, it is best not to post your images/videos on social media platforms, as this would make you fly a bit under the radar. It stipulates that those who suffer at the hands of their fellow apprentices can apply for a protection order against their perpetrators. While a parent or guardian would normally do this, subsection 2(4) of the Protection from Harassment Act states that a child may apply for a protection order without the assistance of his or her parents.

LAW FOR ALL`s experienced lawyers can provide legal advice and advice on legal actions against a bully. Be sure to take a look at LAW FOR ALL`s full guidelines. Register today! The Act criminalizes a variety of cybercrimes, but examples of crimes specifically related to cyberbullying include: Section 14 of the Cybercrime Act deals with a data message that incites property damage or violence. It provides that anyone who, by means of an electronic communications service, discloses a data message to a person, a group of persons or the public with the intention of inciting material damage or violence against a person or group of persons is liable to a criminal offence. On 26 May 2021, the Cybercrime Act 19 of 2020 (the “Act”) was completed (but has not yet entered into force) and is considered an important step towards aligning South Africa`s cybersecurity laws with international standards. If the school does not act, victims, parents or guardians will be supported by other laws of the constitution that seek justice. From a legal point of view, a parent can bring civil proceedings for defamation on behalf of the child. Criminal charges of criminal harm, harassment and hate speech, and racism, which is a form of hate speech, can also be laid. It is illegal and a crime to intentionally and seriously violate the dignity of another person by stalking, emotionally or psychologically abusing or injuring someone.

They may also issue a restraining or protection order from the offender. The Harassment Protection Act, 2011 allows a person who has been bullied to go to court to obtain a protection injunction. Ultimately, parents can sleep soundly knowing that different laws protect their children, and bullies need to be aware that there can be serious consequences for their abusive tendencies. As technology and social media became part of everyone`s daily life, the unfortunate risk of online abuse emerged. This is also known as cyberbullying and refers to the fact that a person is bullied by another person through the use of electronic devices such as mobile phones and computers. For example, a person posts offensive photos or comments of another person on social media that negatively impact that person`s dignity. Another example is when one person threatens another person with violence via text message. (a) a person is threatened with: (i) damage to property to that person or a person related to him; or (ii) violence against that person or a person related to that person; or (b) threatens a group of persons or a person who is part of or associated with that group of persons (i) property damage to that group of persons or to a person who is part of or associated with that group of persons; or (ii) violence against the group of persons or a person who is part of or associated with that group of persons; “Before the Covid-19 pandemic, 54% of South African parents knew a child was being cyberbullied, and according to experts, these numbers will only increase due to the enormous pressure on digital media from the Covid-19 lockdown.” If someone is being cyberbullied, it is important that the necessary evidence is preserved. For example, to capture the post, SMS or image by taking a screenshot of it. Text messages or emails related to cyberbullying also cannot be deleted.

This must be done to ensure that the victim can provide evidence of cyberbullying when criminal or civil proceedings are opened against the abuser. A data message that threatens people with property damage or violence is cyberbullying or cybercrime. The new crimes under the law will add to existing legal remedies for victims of cyberbullying. Although the law has not yet come into force, it is indeed a step in the right direction in combating the high levels of cyberbullying that accompany life in the digital age. There have been a number of shocking images and videos of children in South Africa bullying each other. Millie Bobby Brown (an actress), Rita Ora and Cara Delavigne began sharing their stories with the world about how they also experienced cyberbullying, both at school and online. Examples of cyberbullying activities include situations where individuals experience difficulties on online platforms and repeatedly send abusive, cruel, rude and abusive messages and/or threats to harm others. These data messages can take the form of bullying. Cyberbullying activities also include sending or posting horrific gossip or rumors about a person. With online instruction, many children are exposed to some form of cyberbullying by intentionally excluding them from an online school group. Other forms of cyberbullying include trolling/baiting a person to fight, sending photos of someone in a compromising position, such as when a video of someone being attacked or bullied is posted on social media platforms, or when they send a data message that damages reputation, friendships, etc. of a person.

A video of a prominent politician has already circulated on social media platforms. This new cybercrime will help curb cyberbullying, as sending messages threatening a person with violence or inappropriate sexual images of a person has direct criminal consequences. Anyone convicted of any of the above crimes may be fined and/or imprisoned for up to three years. Until recently, there was no legal framework in South Africa dealing specifically with cyberbullying. In order to obtain a remedy in any form, victims may invoke other criminal and/or civil remedies, such as: to obtain a protection order. You can also report a crime related to cyberbullying, for example: There is a significant increase in the number of cyberbullying cases involving children for which our law firm is receiving instructions. Most of these instructions come from desperate parents whose children are being cyberbullied. By focusing on protecting children from abuse and neglect, this legislation aims to eliminate bullying in schools.

It gives every South African child the right to take a bullying case to court. It is important to note that the purpose of the law is not to punish a bully, but to restore the balance that is upset when one child harms another.