IN TODAY’S digital age, where social media platforms are integral to daily life, the threat of cyber-bullying looms large.

Emma Sadleir, a social media law expert, said cyberbullying was any kind of online content that caused a person harm, such as mental, psychological, and emotional, as well as in some instances, financial. 

As someone who works on the ground and deals with numerous requests for assistance, Sadleir said cyberbullying appeared to be a common issue among young people, especially teenagers. 

“We are seeing more occurrences of online bullying with ‘tween’ girls, who are generally aged between 10 and 15. I am also seeing what I call, ‘encouragement to suicide’. Children are telling each other to ‘go kill themselves’. It is absolutely horrific. However, cyberbullying can affect anyone who uses online platforms, there are no exceptions.”

Sadleir said cyberbullying was also seemingly more traumatic than “real-life” bullying. 

“Compared to bullying in real life, you can’t just walk away or go home after someone has bullied you. Cyberbullying is constant, follows you everywhere. It is somewhat inescapable. 

“There are also tools available for online bullying such as Artificial Intelligence (AI). With the use of AI, bullies can turn a person into a horrible meme or sticker. They also use photoshop. They can use a picture of a person’s face and photoshop it onto a naked person’s body and in some instances upload it on a porn website,” she said. 

However there were legal consequences of cyberbullying, such as being criminally charged with crimen injuria, she added.

“Crimen injuria is an infringement of human dignity. You can lay a charge against a person who is bullying you and it is causing serious harm to your dignity, even if it is on an online platform. We have dealt with cases where the perpetrators have been found guilty and sentenced for crimen injuria related to cyberbullying. In addition a person who is being bullied can also apply for a protection order,” she said. 

Roshni Parbhoo-Seetha, a project manager at the South African Depression and Anxiety Group (SADAG), said while there were limited statistics on cyberbullying, it was a major concern and on the rise in South Africa.  

“We receive about 3 000 calls a day across all of our helplines, as well as numerous messages on our WhatsApp helpline. Cyberbullying, especially among our teenagers and young adults, is a concern for us. Many of them mention social-media related stress such as bullying. When we do our school programmes, many of the teenagers report emotional distress that is linked to online abuse. They say they feel overwhelmed or unsafe.” 

Parbhoo-Seetha said cyberbullying, especially among teenagers, was growing due to the accessibility to smartphones, together with the social pressure to remain visible and active online.

“In addition, during and after the Covid-19 lockdown many more people turned to digital platforms for connection, and I think this unfortunately led to the rise in cyberbullying. The problem has worsened by lack of regulations, digital literacy and mental health resources. 

“Unfortunately, many people don’t know how to report online abuse or where to seek help. In cases when they do seek help and try to report cyberbullying, many of the platforms they approach don’t always respond quickly or effectively. This results in more people approaching us for help,” she said. 

Parbhoo-Seetha said the psychological effects of cyberbullying could be “incredibly devastating”. 

“Victims generally experience anxiety and depression. This can also lead to social withdrawal, isolation, low self-esteem, self-harm, and suicide ideation, as well as academic or work-related problems. What makes cyberbullying especially harmful is the persistent nature of the online content and the speed at which it can spread. It leaves individuals feeling constantly exposed, humiliated and powerless.”

Parbhoo-Seetha said a multi-layered approach was crucial, which included providing education. 

“We believe young people must be equipped to identify cyberbullying and how to respond to it. Schools, parents and pupils all need this education. In terms of policy and enforcement, social media platforms need to do more to monitor, report and act on online abuse. There must also clear reporting mechanisms and faster response times when harmful content is flagged. 

“We also need more accessible mental health support for young people who are affected by online abuse. While SADAG provides free telephonic counselling and online resources, the demand for help, including related to online abuse, is rapidly growing. Lastly, there is a need for  more parental involvement. Parents must be active in their children’s online lives. We are not asking parents to ‘police’ their children, but support and guide them. Open communication is always key,” she said.  

She added that society also had a role to play.

“Society needs to treat online abuse the same way we treat in-person bullying. We need to start by raising awareness, removing stigma and providing support. We also need our tech communities to take responsibility for the environment that they create,” she said. 

Priya Singh, a lecturer in the School of Law at the University of KwaZulu-Natal, said online harassment and cyberbullying were now commonplace throughout the world.

She is a lecturer in the fields of internet law, delict and medical law, among others. 

Singh said there were two pieces of legislation to protect individuals from cyberbullying in South Africa. 

“The Cyber Crimes Act 19 of 2020 created new offences for messages that incite damage to property, messages which threaten persons with damage to property or violence and the disclosure of an intimate image. Victims will be required to lay a charge with the SAPS. Once a charge has been laid the complainant can apply on an ex parte basis to a magistrates court for a protection order pending the finalisation of the criminal complaint that has been laid with the SAPS.”

Singh said this could go ahead even if the victim was unaware of the identity of the perpetrator. 

“If the court is satisfied that a protection order can be issued in this matter then the court can also order an electronic communications service provider to furnish the court with the full particulars relating to the identity and location of the perpetrator.

“Once the identity of the perpetrator has been unmasked, the perpetrator can be served the protection order pending the finalisation of the criminal matter. If the perpetrator is found guilty of the criminal charge, they can be convicted to imprisonment not exceeding three years, to a fine or to both a fine and imprisonment,” she said. 

Singh, said the second piece of legislation dealing with cyberbullying was the Protection from Harassment Act 17 of 2011.

She said the Act could be used for regulating harassment and bullying, which occurred both offline and online. 

“The Act defines ‘harm’ as any mental, psychological, physical or economic harm. This wide definition of harm can therefore include both direct and indirect contact that causes harm or any conduct that inspires a person to believe that harm will be caused. This wide definition means that victims of the TikTok cyberbullying can easily fall within the protection of the Act as even if they did not suffer physical or economic harm they would have suffered mental or psychological harm. 

“The victim merely needs to apply for the protection order on a prescribed form. This lack of extensive procedural requirements means this order can function as an inexpensive civil remedy to protect a person from behaviour, which may not constitute a crime but which may impact negatively on the rights of an individual

“In addition, this Act further provides that any child or person on behalf of a child, may apply to the court for a protection order without the assistance of a parent or a guardian. This affords children of cyberbullying extra protection as they can be assisted even if they do not have a parent or guardian available to assist them,” she said. 

Singh said most cyberbullies had a false sense that they are anonymous when online and there was no consequences to online bullying. 

“The provisions of these two pieces of legislation clearly shows the intent of the South African legislature that the cyberbullies’ sense of protection due to the anonymity of their online interaction is a false belief,” she said.

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