LISTEN: Kids could be liable for illegal content shared on WhatsApp groups

LISTEN: Kids could be liable for illegal content shared on WhatsApp groups

If you thought you could share what you want, say what you want or even like whatever you want online, think again. Social media law expert Emma Sadleir shared the dangers of social media and how even kids could be liable for things shared online.

CYBERBULLY CHILDREN EMMA SADLEIR
iStock

The digital age has presented humans with a whole new set of challenges, and despite its many benefits, social media and other digital platforms have a dark side that affects the lives of millions worldwide.

From cyberbullying to spreading fake news to the rise of deep fake technology, many people, including parents, children, and experts in the digital field, worry about social media's effects on our daily lives.

On Monday, Breakfast with Martin Bester spoke to social media law expert Emma Sadleir about the impact of social media on many South Africans, specifically how it affects our kids.

EMMA SADLEIR AND MARTIN BESTER
Jacaranda FM

Sadleir revealed some crucial information about the current digital landscape in South Africa and the laws surrounding social media.

READ: TikTok star Sami Hall talks about her time working at Jacaranda FM

Many might think that you are free to say and share whatever you like online, but this could not be farther from the truth, and even kids are not exempt from the prosecution that could come from what you share online.

Listen here:

Here are the key takeaways from Sadleir's advice to parents and children:

Sextortion

According to the social media law expert, 'Sextortion' is the single biggest issue that has dominated her year.

'Sextortion' is when someone threatens to distribute private or sexual images or videos of you in order to receive something in return, most often money.

This could be visuals that were sent by the victim or, in some cases, even fake images that were created.

Kids as young as 12 could be prosecuted for what they share online

Another issue currently flooding digital platforms is the creation of pornographic photographs.

Kids as young as primary school are creating sexual images of their classmates and teachers and distributing them on WhatsApp and other social media platforms.

Sadleir makes it clear that this is a criminal offence.  

"If you send me a nude, and I send it to somebody else, that's a criminal offence."

READ: Themba-Robin teaches us the art of impersonation

She also added that people think the law doesn't apply to individuals who are below 18, but this isn’t true.

In South Africa, from the age of 14, kids have full criminal capacity, and from 12, it depends on your education, maturity, and other factors, but you could still be prosecuted.

"In South Africa, the age at which you can sue and be sued is seven."

You are legally responsible for what you share on WhatsApp

According to Sadleir, you are legally responsible for what you share on platforms like WhatsApp, but it goes even deeper than just sharing.

"If you have the ability to remove yourself from content, if you have the ability to dissociate yourself from content and you choose not, you’re also legally responsible for it."

If you want to learn more, join a webinar by the award-winning social media lawyer, speaker, and author, Emma Sadleir Berkowitz.

Drawing on her experience consulting with thousands of schools, students, and parents around the world, Emma will cover a range of topics, including:

  • Social media law
  • Cyberbullying
  • Cancel culture
  • Sexting and sextortion
  • Image based violence and sextortion 
  • AI and ChatGPT
  • Personal reputation management
  • Privacy in a public world 
  • Good digital hygiene
  • Smartphone contracts
  • The power of emojis
  • Stranger danger, grooming, catfishing, predators and online safety 
  • Simple and practical tips to protect yourself and your child in the online world  
  • Fake News, misinformation and disinformation
  • Emotional health, depression, anxiety, addiction and sleep 
  • Sharenting
  • Parental control apps 
  • Deepfakes

Tune in to the 'Breakfast with Martin Bester', weekdays from 06:00 - 09:00. Stream the show live here or download our mobile app here.

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