CYBERBULLYING AND SEXTING: BULLYING AMONG YOUNG PEOPLE 2016 YOUTH RESEARCH CONFERENCE 12 AND 13 APRIL 2016

CYBERBULLYING AND SEXTING: BULLYING AMONG YOUNG PEOPLE 2016 YOUTH RESEARCH CONFERENCE 12 AND 13 APRIL 2016

BACKGROUND Advances in technology, unlimited access to the internet and chat rooms have exposed children to both the best and the worst in electronic communication. The speed at which the developments and advances take place often means that the mechanisms to address the abuse of others via these mediums are reactive rather proactive. Research has indicated that children (those between 0 to 18 as defined in the Constitution of South Africa (Act 108 of 1996)) are using the devices and social media without knowing the consequences. 2

WHAT IS CYBERBULLYING AND SEXTING? Bullying is the type of behaviour which harasses, humiliates, insults another. This is not limited to children. Cyberbullying similarly, has various aspects but may include the use of texts to harass, denigrate or humiliate, at times use false identities, the outing of personal information, stalking and a new one called happy slapping Sexting deals more with the transmission of pictures, or texts which have a sexual connotation or suggestion. The transmission of nude or partially clothed images of children may be classified as pornography. 3

THE PROBLEM A recent article indicated that children as young as 6 are sexting. Children are not aware of the impact of their texting, sexting, joining chat rooms and other transmission of electronic information. They appear to be unaware to the inherent dangers and the risks of, for instance, distributing pornography such as criminal prosecution. Children are enabled to say things to others because it appears they have less face to face interaction with receivers --which are harmful, humiliating and dangerous and could lead to serious effects on other persons. 4

SOME CONSEQUENCES The transmission of sexually explicit pictures or videos of children can amount to charge under the Sexual Offences Act. A conviction even when the accused is a child- can result in the child s name being entered on the National Register for Sexual Offenders. Such a registration is serious and can have effects on a choice of employment or a career. The violation of the dignity can give rise to a charge of Crimen Iniuria. The charge of assault does not require a physical assault. Any unlawful act which inspires a sense of fear can also be deemed an assault. 5

FURTHER CONSEQUENCES The unlawful publication and intentional publication of information on another with a view to injure that person s reputation can attract a charge of criminal defamation of character. When a person demands some form of advantage over another by subjecting the other to pressure or duress this amounts to extortion. Our legislation- at the moment- does not have specific legislation which deals with an offence or offences on cyberbullying or sexting but relief can be found by using provisions in the Sexual Offences Act, the Child Justice Act and the Criminal Procedure Act, among others. 6

APPROACH TAKEN BY DOJCD Criminality among children is a social issue which cannot be addressed by any one department. Emphasis is placed on the intersectoral, collaborative nature of bringing information and services to children. It is the bedrock of the way we bring these issue for consumption to schools and communities. For this project we rely heavily on DBE, DSD, FPB, NPA and SAPS to provide information on their approaches to the issues of Cyberbullying and Sexting. Each of these departments bring their core business and resources to bear upon the issue.

Measures already executed: Various forms of communication material such pamphlets, radio talks shows and one to one interaction at schools on Cyberbullying and Sexting are done. Information on the websites available from Films and Publication Board is also made available. DOJCD emphasizes that children had to understand that the distribution of images or text of a sexual nature may be pornographic and lead to prosecution of children under the Child Justice Act. 8

IMPORTANT. CYBERBULLYING AND SEXTING IS A RISING TREND WHICH IS LEADING TO PERSONS TAKING THEIR LIVES, OR NEEDING PSYCHIATRIC TREATMENT DUE TO THE TEASING, HARASSMENT AND DENIGRATION OF THEIR PERSONS. Interventions have to be made from the outset where parents are informed, teachers are informed, the policies of schools are framed to deal with the issue, and that we talk about the pain and suffering this causes openly. 9

THANK YOU! 10