Protection of Children’s Rights to Privacy and Freedom from Online Exploitation and Abuse in Southern Africa. A Case Study of South Africa and Zimbabwe
Abstract
In the past few years there has been an increase in the number of children
using the internet. The COVID-19 pandemic has further contributed to
the increase in internet usage by children due to the measures taken by
governments to contain and curb the virus, including the closure of schools.
Families and children have resorted to digital solutions to support children’s
education, interaction and play. Although not universal, the internet presents
various opportunities that enable children to enjoy their rights.
African countries including South Africa and Zimbabwe have embraced
the use of internet based technologies which has created opportunities
for cybercriminals to perpetuate violence against children. As such, whilst
acknowledging the benefits of the internet, it should also be noted that the
internet presents threats to children’s rights, the most critical being threats
to privacy and freedom from exploitation and abuse. Due to their age,
children do not appreciate the threats presented by the internet and thus
remain vulnerable internet users.
Various instruments exist at international and regional level on the protection
of children’s rights and these instruments also apply in the digital context.
A number of laws have been enacted in South Africa and Zimbabwe on the
protection of children’s rights. It is however not doubted that the existing
legislation and traditional governmental bodies set up to protect children
from probable harm are challenged by technological advancements such as
the internet.
This research establishes that the legal framework of South Africa and
Zimbabwe does not adequately protect children’s rights to privacy and
freedom from online exploitation and abuse. Although South Africa has
made notable progress in enacting laws on the protection of children’s rights
online, the laws are not comprehensive. Zimbabwe on the other hand is lagging
behind in terms of amending its legislation to incorporate aspects of online
violence. With weak legislation, protection of children’s rights to privacy
and freedom from online exploitation and abuse becomes problematic,
hence the need for law reform. The research draws best practices from the
legal regimes of the European Union and the United States of America to
inform law reform. The research gives recommendations to the government
of South Africa and Zimbabwe, businesses and internet service providers, as
well as parents and guardians on the protection of children’s rights online.