Abstract
This dissertation examines the legal frameworks and policies implemented to protect children from harm on social media in South Africa and the United Kingdom with an emphasis on certain concerns such as cyberbullying and online grooming among others and the regulation of said content. Given that social media forms such a fundamental part of children’s lives today, the possibility for them to be exposed to harmful content, exploitation and cyberbullying is relatively high. This paper aims to analyse how effective legal frameworks and policies are in both countries. A comparative analysis will be conducted to identify the similarities and differences that exist between the two legal systems and highlight their strengths and limitations respectively for children’s online safety. The dissertation will also explore how both countries apply their law from a practical point of view and the challenges they face when enforcing them.
The dissertation will examine the liability placed on internet service providers (ISPs) in both countries. In South Africa, under the Electronic Communications and Transactions Act ISPs have limited liability, and depend on a takedown notice system for harmful content on their platforms. Contrary to South Africa, the United Kingdom imposes a greater responsibility on ISPs, mostly with the introduction of the Online Safety Act which obligates ISPs and social media companies to implement proactive measures to protect children online. This paper advocates for a new piece of legislation in South Africa that is specifically aimed at addressing the online safety of children, focusing on preventative measures and placing a stricter responsibility or legal obligation on ISPs to create a safer online environment. Especially considering that most countries are shifting towards regulating ISPs and holding social media platforms liable for harmful content that appears on their platforms, South Africa needs to follow their lead and implement similar measures to guarantee children’s safety online.