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Your child’s phone could be a crime scene. Deepfakes, sextortion, and WhatsApp groups can land families in court. Learn the hidden risks, and how to protect yourself and you kids before a single tap or share turns into a legal nightmare.
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.
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.
South African law draws a precise line between arrestability and criminal capacity.
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.
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 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:
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 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.
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.
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.
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.
AI has changed the threat model. Scammers can now:
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 was meant for simple group chats; it is now a legal minefield:
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.
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 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:
Real-world examples:
Practical steps for parents:
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.
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
Australia recently social media access to anyone under 16. There’s no single rule. Evidence and expert guidance (AAP, WHO and family surveys) suggest:
Make a family media plan — it’s more effective than a blanket ban. Keep screens out of bedrooms and off an hour before bed.
Bark: Advanced content monitoring for all your kid’s devices
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.
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.
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