Albert Einstein once said that “it has become appallingly obvious that technology has exceeded our humanity.”
This is an arguable statement as Bill Gates contested this sentiment by referring to the wonders of online funding, for example, bringing relief to the needy from across the globe.
Closer to home, however, media reported in February that a 34-year-old man from Kempton Park was arrested, along with four other men from various locations in Pretoria, in relation to possession of child pornographic material.
It was reported that the Kempton suspect had previous convictions of rape and sexual assault.
This has brought into question the threats posed by technology, social media and ignorance surrounding internet activity in our personal lives – especially for children.
Express spoke to experts in the fields of crime, the law, and child abuse support structures.
Child Protection Hotline
Danie van Loggerenberg, founder of the Child Protection hotline, said in Ekurhuleni (East Rand) the hotline has received a number of calls and messages since the launch of the number.
“The East Rand Child Protection hotline took only a day or two to become our most active number, although it should be mentioned that it is also attributed to the large area the hotline covers.”
Since its launch on October 20, van Loggerenberg believes that with Covid-19 forcing most children to online platforms for schooling purposes, this pandemic opened them up to an ocean of predators – be it paedophiles or bullies.
“Out of the roughly 170 calls and messages handled by the hotline over the last three weeks, six of the contacts were made with regards to cyberbullying on social media.”
In a case reiterating his theory, he told Express of a 13-year-old girl from Thembisa who was convinced by a 16-year-old boy to send nude photos of her to him.
“The boy used the photos to blackmail her to meet with him or have her photos distributed. Upon meeting the boy, they had intercourse to which she agreed, in fear of facing repercussions of her photos being circulated and reaching her parents.”
Van Loggerenberg emphasised that no child is immune to the dangers found online.
“Numerous parents assume that their child would never get involved in any of these acts – but that assumption has proved many wrong in shock and horror that our children are susceptible to these dangers.”
Acts defined by law
Advocate Annade Theart worked as an IT specialist for 26 years while she obtained her law degree.
She said although the wonders of internet technology safeguards children’s access to education that “technological advances are also being put to criminal use.”
• She described cyberbullying as: “The intentional and repeated aggressive conduct by an individual or group, using electronic means (cellphones, laptop, computer or tablet) and utilising applications such as Facebook, SMS, WhatsApp, MySpace, Instagram, e-mail, internet gaming aimed at an individual who cannot easily defend him-/herself.”
• ‘Sexting’ is classified as sending sexually explicit messages with or without nude images to another person via electronic means.
• “Paedophilia is the sexual conduct of an adult with a child in which the adult prefers sexual conduct with children. In South Africa, a person has to be 16 years old to legally consent to sex,” Theart said.
• “Child pornography means any image or description/presentation of a person, real or simulated, who is or is depicted/described/presented as being under the age of 18-years-old in an explicit or sexual nature.”
The responsibility schools and parents
For Theart, if any of the above was exposed to have occurred on school property/activities that they should immediately inform the child’s parents.
“In the event of criminal behaviour of a sexual nature towards a child, the police must be informed without hesitation.”
She said the best way to prevent such behaviour is through education, both at home and at school, and that children should be taught what constitutes criminal conduct.
“It is important to remember that although conduct may have both civil and criminal consequences, no complaint may be refused by the police on the basis that it is ‘a civil matter’ just because the option of civil redress is available.”
In other words, victims are entitled to pursue both civil and criminal re-dress.
Not-so-fun facts:
• Theart stated that if one was to belong to a WhatsApp group where a member posted a nude image of a child, that person is in possession of child pornography.
• If you post a nude image of a child on social media like Facebook, you are distributing child pornography.
• Children between the ages of 14 and 18-years-old are considered to have criminal capacity and can be held criminally liable for criminal acts.
• In a case where victims have suffered impairment to their dignity or reputation or endured pain and suffering, a claim for damages may be instituted based on delictual liability.
• Anyone who shows child pornography to a child or exposes them to any article used in the performance of a sexual act, pornography and film with the intention to encourage or instruct someone to have sex with a child, is guilty of promoting sexual grooming of a child.
• When someone is found in possession of child pornography, each image is a separate crime.
“It is particularly important for minors from the age of 16, yet younger than 18, to note that although they may be able to legally consent to sex, they cannot consent to having images – as described in the definition above – be taken or distributed electronically as that would constitute an offence,” Theart exclaimed.
Our local SAPS
Local police stations such as Kempton Park, Norkem Park and Sebenza SAPS were asked about the volume of cases on their record as how many cases of cyberbullying and paedophilia have been registered at their stations in 2020.
According to Sgt Johanna Madiga, spokesperson for Norkem Park SAPS, no cases relating to these charges have been opened at Norkem Park. When asked how the station commander of the station would prioritise these crimes, she stated: “We obtain a statement and we call Family Violence, Child Protection and Sexual Offences Units (FCS).
“Cyberbullying is addressed at schools by social crime prevention and sector managers.”
Kempton Park and Sebenza SAPS did not respond by the time of going to print.
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