A South African Parent’s Guide to Digital Safety, Law, and Sanity

Imagine a stranger using your child’s voice to call your home, demanding money. Imagine a class WhatsApp group where a single cruel image spreads in minutes. Imagine a playful “I’ll only send one photo” moment that becomes evidence in a police docket. These are not hypothetical anymore, they happen daily. This guide is blunt, legal, and practical: read it, print it, and keep it on your kitchen counter.

Why this matters right now (and why you should stop scrolling)

Recent dramas and documentaries like Adolescence, Unknown Number and Can I tell you a secret aren’t just box-office eye candy. They’re modern cautionary tales: of teenagers radicalised or driven by online echo chambers, of relentless online stalking that ruins lives, and of how quickly digital moments escalate into criminal investigations or life-ruining reputational harm. These shows capture the frightening speed and reach of online behaviour: what begins as a private message can become a public legal mess overnight.

If you’re a parent in South Africa, this matters for three connected reasons: your child’s safety, your legal exposure as their guardian, and the long-term consequences (mental health, criminal records, civil damages) that follow a single reckless click or a single bad WhatsApp group.

The hard legal facts (the part that should make you sit up)

Criminal capacity: when a child can be arrested and when they can be criminally liable

South African law draws a precise line between arrestability and criminal capacity.

• A child under 12 cannot be arrested or prosecuted in the ordinary criminal justice system. They’re outside the reach of criminal sanction and should be handled by social workers/children’s courts.
• A child aged 12–14 may be arrested (and can be diverted into the child-justice process), but the law presumes they lack criminal capacity unless the State proves otherwise.
• From 14 upwards, children are treated as having criminal capacity, meaning they can be tried for crimes.

As a parent you should be aware of the Child Justice Act 75 of 2008 

Translating that into plain language for parents: a 12-year-old who shares an explicit image or bullies another child online can still trigger law-enforcement processes and their actions may lead to diversion programmes, criminal records in serious cases, or civil claims. Don’t assume “they’re too young” is a shield.

Civil capacity: why your child’s “I agree” can drag you in

Under South African law minors have limited civil/contractual capacity. Infants (0–7) have no capacity; children aged from roughly 7–18 have limited capacity — they can enter certain agreements but generally need parental assistance or consent to make contracts valid. 

When it comes to a minor entering into a contract unassisted by the parent/guardian, the minor’s unassisted contract creates a natural obligation on the part of the minor and a civil obligation on the part of the other party. Therefore, the contract is not enforceable against the minor or their guardian, whereas it is enforceable against the other party. In other words, the minor is not contractually liable to perform under the contract, but the other party is. However, we live in a global community where international game and app developers and digital vendors may make their platform available in South Africa.

That means that if you have given your 10-year-old access to a connected device with payment capabilities, and they click “I agree” to an app’s Terms of Service, the platform’s legal position is fragile but practically the platform will look to the parent (the adult) if money, data-processing, or disputes arise. In short: your child’s sign-ups could entangle you. 

But there’s another layer: a child’s online actions can themselves give rise to civil claims. For example:

• Sharing or manipulating images of another person without consent can lead to defamation or injury to dignity (crimen injuria) claims.
• Participating in group chats that circulate illegal content may expose them—and by extension their parents—to civil liability for damages if someone is harmed.
• Posting or distributing explicit content involving peers, or even engaging in cyberbullying, can trigger civil lawsuits, including claims for psychological harm, emotional distress, or reputational damage.

In short: even though a child may have limited legal capacity, their actions can have real-world consequences, and parents often become involved—legally, financially, or both. The safest approach is close supervision, clear boundaries, and guidance on legal and ethical online behaviour.

POPIA: children’s data is special — platforms must seek parental consent

POPIA treats children as data subjects needing elevated protection: processing a child’s personal information requires the consent of a competent person (usually a parent/guardian), except in very narrow circumstances. The Information Regulator has published guidance for processing children’s data. Practically, many global platforms fail this duty; that’s a compliance risk and a reason to scrutinise any app your child uses.

Sharing intimate images, sextortion and CSAM — criminal offences

South Africa’s Cybercrimes Act makes it an offence to disclose intimate images without consent; sharing or possessing explicit images of anyone under 18 can amount to child sexual abuse material (CSAM) crimes and carries serious criminal penalties. The Film and Publication Board’s child-protection unit and SAPS cyber units handle reports — and major international sextortion rings have produced tragic outcomes (including teen suicides) and long prison sentences overseas. If a nude image of a minor is produced or shared, every person who screens, stores, forwards or publishes it may be implicated. 

An important tip for parents and kids Do not share it. Report it immediately. Preserve evidence. You want to report it immediately because if you don’t and are found at a later stage to have this material you are open yourself up to possessing CSAM.

Defamation, manipulated images and the chain of publication

South African courts take humiliation caused by online images seriously. In Le Roux v Dey (2011) the Constitutional Court confirmed that digitally manipulated images published by pupils that humiliated school staff amounted to an actionable wrong — even where the image was intended as a joke. The legal takeaway: creating or sharing fake or manipulated images (deepfakes, humiliating memes) can lead to civil damages for injury to dignity. And importantly: each re-poster in the chain of publication can become liable.

Deepfakes, Image-Based Abuse and the Law

South African law is catching up with the explosion of AI-generated images and so-called “deepfakes.” Sharing or creating explicit content without consent can amount to crimen injuria (unlawfully impairing someone’s dignity), defamation, and offences under the Cybercrimes Act.

A stark example came in May 2025, when Scebi Thabiso Nene appeared in the Pietermaritzburg Regional Court. Nene was convicted and sentenced to five years direct imprisonment for manipulating images of President Cyril Ramaphosa and other high-profile individuals, superimposing their faces onto pornographic material and distributing it online. The case illustrates how quickly technology can be abused, and how South African courts are prepared to impose real penalties for such conduct.

For parents, this underscores a critical lesson: once an image leaves your child’s phone, it can be altered, weaponised, and spread beyond their control. Even “joking” edits can carry criminal consequences.

Real-world horror stories (so you stop thinking “it won’t happen to us”)

• International sextortion rings have targeted teens and forced money or images; some victims have died by suicide. The U.S. Department of Justice and media investigations have detailed arrests, extraditions and long sentences for perpetrators who organised global sextortion networks. This is organised crime not isolated kids with phones.
• South African courts and regulators are increasingly acting on revenge-porn and CSAM. Civil courts have awarded damages in revenge-porn cases and criminal investigators are prosecuting distribution of intimate images. The Film and Publication Board runs a reporting hotline for CSAM. That “private photo” can quickly become evidence in a criminal or civil case.
• Hundreds of parents discover too late that “secret calculator” apps or vault apps hide entire albums and chat threads. These apps exist, are easy to find, and are designed to evade parental oversight.

A Germiston woman has won a first-of-its-kind ruling in the Gauteng Division of the High Court in Johannesburg after she successfully sued a couple for distributing revenge porn about her on Facebook. The court awarded her R3.5 million in damages.

New risks: AI, deepfakes, voice cloning and synthetic fraud

AI has changed the threat model. Scammers can now:

• Clone voices from social-media videos and use them to call grandparents asking for immediate money.
• Synthesize videos that make it look like someone said or did things they never did.

The scarier part is that this cloning can be done in minutes…

Bank fraud, extortion and emotional manipulation using AI voice/deepfake tools are being reported across the UK, US and beyond, and banks, telecommunication operators and police are racing to catch up. Parents must understand: a “call from Dad” could be a synthetic voice. Ask for a family passphrase. Pause before transferring money.

WhatsApp groups, admins and your duty to act

WhatsApp was meant for simple group chats; it is now a legal minefield:

• Being a member of a group that shares racist or explicit material may expose you to legal risk if you do nothing. Remaining silent while illegal content circulates is dangerous. If you find yourself in this scenario remove yourself from the group straight away. Teach this to your kids too!
• Being a group admin multiplies that risk: recent platform changes give admins tools (and make them visible), and South African commentary and legal analysis warns that admins can be held responsible for unlawful content distributed in groups they run. Do not assume “I didn’t post it” is a defence if you were in a position to remove the content. 

If you see illegal content: remove yourself from the group, screenshot (do not forward), and report to SAPS and the platform. If the content involves minors or sexual images call the Film and Publications Board hotline immediately and report it to the police.

Sextortion, asking for nudes, and what your child must know

• Asking a minor for nude photos can be a sexual offence and constitutes grooming in many circumstances.
• Sextortion is when someone uses intimate images (real or faked) to blackmail for money, more images, or silence. These criminals are often part of organised cross-border rings. If your child receives requests for images, they should be taught to refuse, preserve screenshots, and report.

In today’s digitally driven age you should familiarise yourself with the Cybercrimes Act 19 of 2020 

Important legal and practical rule: do not forward or distribute an explicit image of a minor to “get advice.” Every forward risks creating a new offence. Preserve evidence, screenshot metadata, and report to police and the FPB — but do not circulate the content. 

Online Games and Grooming: Why Roblox and Similar Platforms Aren’t Just Fun

Online games like Roblox, Minecraft, Fortnite, and other multiplayer platforms can seem innocent—a place for creativity, teamwork, and socialising. But these worlds are also fertile ground for predators. Grooming, exploitation, and inappropriate contact are real risks, even on kid-friendly platforms.

What is grooming?
Grooming is the process by which an adult builds a relationship of trust with a minor online with the intention of sexual abuse or exploitation. It often starts subtly—through friendly chat, giving gifts in-game, or private messaging—and escalates over time. In South Africa, grooming is a criminal offence under the Sexual Offences Act, and the Cybercrimes Act covers online sexual solicitation and exploitation.

Why Roblox and similar games are risky:

• Open chat and direct messaging – Many games allow private messaging or “friends” connections where adults can contact children.
• Custom content and avatars – Predators can use avatars, virtual gifts, or “quests” to manipulate or reward children.
• Limited parental oversight – Kids often play on personal devices in private spaces, making it easy to conceal interactions.
• Cross-platform contact – Predators can lure kids from the game into other apps like WhatsApp or Discord, which increases grooming risk.

Real-world examples:

• In 2020, an international sting operation revealed that Roblox was being used by predators to lure minors into inappropriate online conversations. Authorities reported multiple arrests across the US and UK.
• In South Africa, the Cybercrimes Unit has dealt with cases where online game chats were used to solicit sexual activity or intimate images from minors.

Practical steps for parents:

1. Research before play – Examine any game your child wants to join. Check age ratings, chat policies, and safety features.
2. Use parental controls – Roblox, for example, offers account restrictions to limit chat to friends only and restrict in-game purchases.
3. Talk about strangers online – Teach children that not everyone is who they say they are, and they should never share personal information or images.
4. Establish a trusted adult list – Encourage children to report any uncomfortable interaction to a parent or guardian immediately.
5. Monitor devices discreetly – Check in on friends lists, chats, and activity while balancing trust and privacy.

Key takeaway: Online games are not inherently unsafe, but without guidance, children are at risk of being groomed or exploited. Early education, open dialogue, and supervision can drastically reduce these risks—and keep your child’s playtime fun rather than frightening.

Bullying, implied references and protection orders

You can harass someone without naming them. Contextual posts, photos or memes that point to a person can still constitute harassment, defamation or crimen injuria. South Africa’s Protection from Harassment Act gives victims a fast civil remedy: a protection order can be applied for at a magistrate’s court and can cover electronic communications. If your child is being targeted, you can apply for an order on their behalf. 

Learn more about the Protection from Harassment Act 17 of 2011

Practical playbook for parents (step-by-step — print this)

1. Start the chat, not the lecture. Ask curious questions: “What’s your favourite app? Who are your friends there?” Build trust so they’ll show you problems.
2. Check apps together. Make accounts private, enable two-factor auth, set spending limits, and use family-account tools (Google Family Link, Apple Family Sharing, Discord Family Center).
3. No secret vaults. Periodically check for suspicious apps (calculator vault, AppLock) and disable app stores if needed.
4. Screen-capture, don’t forward. If something sexual or illegal appears, take screenshots (with dates) and then report to the platform, to the FPB (if it involves minors) and to SAPS. Legal&Tax can then guide you through the next steps.
5. Teach the family passphrase. For calls asking for money or sensitive actions, use a unique secret word known only to family members. (This is an effective guard against AI voice scams.)
6. If your child is the victim of an intimate image or video that’s been created or shared do not panic, but don’t delete evidence. Contact police and the FPB, and seek counselling. Remove the device from the child’s unsupervised use temporarily.
7. If your child has created or shared this sort of content, or taken part in bullying be prepared, and seek legal advice urgently. Contact Legal&Tax.  

When should a child have a phone? And how much screen time?

Australia recently social media access to anyone under 16. There’s no single rule. Evidence and expert guidance (AAP, WHO and family surveys) suggest:

• Under 2: avoid screens except video calls.
• Ages 2–5: short, co-viewed educational content.
• Ages 8–12: many parents choose a “light” or family-controlled device first. 12–14 is the age when many families allow full smartphones — but only with rules (shared passwords initially; device in common spaces; offline hours).

Make a family media plan — it’s more effective than a blanket ban. Keep screens out of bedrooms and off an hour before bed.

Resources (reporting + support)

• Film and Publication Board (FPB) – Child Protection & CSAM reporting. (Film and Publications Board)
• SAPS Cybercrime Unit — report criminal incidents; emergency number: 10111. (South African Government)
• POPIA & Information Regulator guidance — for data-processing of children. (Empowered Compliance)
• Legal&Tax Legal Helpline — (use your Legal&Tax contact details here for the newsletter 0860 587 587).
• International resources for parental controls & platform safety:
  • Common Sense Media: a nonprofit that puts kids' safety and well-being first in the digital era. offer families well-researched guidance, age-based ratings, and expert reviews that help them use media and tech in healthy ways.

  • Bark: Advanced content monitoring for all your kid’s devices

  • Qustodio: The all-in-one parental control and digital wellbeing solution
  • Discord Family Centre: provides parents with what they need to help guide their child’s use of Discord without being too invasive
  • The Digital Law Company by Emma Sadleir: South Africa’s thought leader in social media and the law
  • Klikd helps parents, educators, children, and teens cultivate safer, more productive relationships with technology

Short legal reading list (for editors and curious parents)

• Child Justice Act 75 of 2008 (amended) — on arrest and criminal capacity. (Justice)
• POPIA — sections 34–35 and Information Regulator guidance on children. (South African Government)
• Cybercrimes Act 19 of 2020 — section on distribution of intimate images. (South African Government)
• Le Roux and Others v Dey (2011) — manipulated images & dignity. (SAFLII)
• Film & Publication Board — child protection hotline & reporting. (Film and Publications Board)

Read this aloud to your family tonight

This is not a call to surveillance or paranoia — it’s a legal reality check. Digital acts have consequences: sometimes for the child, often for the family who must pick up the pieces. Laws in South Africa protect children and victims, but they don’t automatically stop harm. Consistent parental presence, clear rules, a “pause-and-report” habit, and knowing who to call (FPB, SAPS, Legal&Tax) are the difference between a mistake and a catastrophe.

If one paragraph from this guide stays with you, let it be this: teach your child that nothing shared privately online stays private — and train them to tell you first, not to share it with friends. If you need help right now with a digital incident, call Legal&Tax’s legal helpline or your local police cyber unit. Don’t forward or share explicit images. Preserve evidence. Report. Act.

With Legal&Tax you’re not alone

From cyberbullying and deepfakes to privacy breaches and criminal liability, here’s how to protect your child, and yourself in a world where every click, tap and share could have legal consequences. We can guide you through the digital maze.

💬 WhatsApp: +27 (71) 526 8527 (type "AI" to start chatting) or visit www.askmyailawyer.com
☎️ Call: 0860 587 587
✉️ Email: info@legalandtax.co.za