Posting children photos online without consent is against the law
Community members are urged to think before posting pictures of children online, as sharing images without permission may break the law and put children at risk.
Residents are reminded to be careful when posting pictures or videos of children on social media.
In South Africa, sharing a child’s personal information without permission from a parent or guardian is generally not allowed under the Protection of Personal Information Act (POPIA).
Sections 34 and 35 (often referred to alongside 33 in Part C) of POPIA impose strict limitations on processing children’s (under 18) personal data, generally prohibiting it unless specific exceptions apply.
Section 34 prohibits processing, while Section 35 allows it with consent from a competent person (parent/guardian), for legal purposes, or public interest, provided safeguards exist.
The Children’s Act 38 of 2005 also protects a child’s right to privacy and dignity. This means people should always make sure they have permission before sharing images of children online.
The Alberton CPF also warns that posting pictures of children without parents’ consent can expose them to risks.
In some cases, children have gone missing after their photos and information were shared publicly on social media.
According to Missing Children South Africa, a child goes missing every five hours in South Africa.
More than 2000 cases were reported missing in the past three years, since 2023.
Key aspects of children’s image rights:
Legal protection: Under the Protection of Personal Information Act (POPIA), children’s images are classified as special personal information, requiring strict handling by schools, businesses, and individuals.
Consent and safety: Sharing images without consent is illegal and risks exposing children to exploitation, bullying, and loss of future privacy.
Digital footprint: Parents and guardians should avoid posting identifying images (e.g., school uniforms, location tags) online, as these are difficult to remove and can be misused, even if emojis are used to cover faces.
Parents, teachers and community members are urged to work together to ensure children’s information is not shared without permission.
