Cyber bullying

Cyber bullying: the use of electronic communication to bully a person, typically by sending
messages of an intimidating or threatening nature.

Bullying: seek to harm, intimidate, or coerce (someone perceived as vulnerable). seek to harm,
intimidate, or coerce (someone perceived as vulnerable). Bullying is when someone is picked on
by a person or group. Bullies might make fun of people who they think don't fit in. Bullies might
make fun of others for many things, including: appearance (how someone looks) behaviour (how
someone acts).

Cyberbullying is a type of bullying that takes place on the internet via text messaging, instant
messaging, and social networking. The increased use of technology and the internet by youth in
South Africa has drawn attention to this issue in recent years. People must therefore be aware of
the legal ramifications of cyberbullying as well as how to shield others and oneself from its
damaging effects.

Understanding what exactly qualifies as cyberbullying is the first step. The issue, though, is that
the most recent laws need to define cybercrime and cyberbullying specifically. "Seek to harm,
intimidate, or coerce" is what is meant by bullying.

Legal Structure

There are multiple ways for people to pursue legal action for cyberbullying in South Africa. It is
against the law to use electronic communications to harass or disparage another individual,
according to the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"). Thus,
this was essentially directed at the media's creator.
Cyberbullying is likewise covered by the Film and Publications Act 65 of 1996 ("FPA"). The FPA
controls the dissemination and exhibition of specific kinds of materials, including anything that is
detrimental to minors. Cyberbullies who target youngsters may also face legal repercussions
from their actions. This was the first instance where the producer of the content was not the
exclusive target of the net.

Let's say we change the subject to the idea of "harassment." The Protection from Harassment
Act 17 of 2011 (the "Harassment Act") provides the following definition in that situation:

“means directly or indirectly engaging in conduct that the respondent knows or ought to know-

( a) causes harm or inspires the reasonable belief that harm may be caused to the complainant
or a related person by unreasonably-

(i) following. watching. pursuing or accosting of the complainant or a related person, or loitering
outside of or near the building or place where the complainant or a related person resides,
works, carries on business,
studies or happens to be;
(ii) engaging in verbal, electronic or any other communication aimed at the complainant or a
related person, by any means, whether or not conversation ensues; or
(iii) sending, delivering or causing the delivery of letters, telegrams, packages, facsimiles,
electronic mail or other objects to the complainant or a related person or leaving them where
they will be found by, given to or brought to the attention of, the complainant or a related person;
or
(b) amounts to sexual harassment of the complainant or a related person;”
“harm., means any mental, psychological, physical or economic harm”;
The Harassment Act allows for the pursuit of what is known as a "restraining order" against an
individual who engages in harassing behaviour. If this civil remedy is violated, there could be
consequences for the offender, including arrest. Therefore, the harasser's actions and purpose to
do injury were the main emphasis of this.

The Cybercrimes Act 19 of 2020 was recently passed in South Africa as a means of addressing
the problem of cyberbullying. Cyberbullying is one of the many types of cybercrime that it allows
to be made illegal. It also calls for the South African Police Service (SAPS) to create a dedicated
cybercrime unit to look into and prosecute cases of cybercrime, including cyberbullying.

Section 14 of the Cybercrimes Act deals with a data message that incites property damage or
violence.
Section 15 of the Cybercrimes Act provides that a person commits an offence if they, employing
an electronic communications service, unlawfully and intentionally disclose a data message,
which—
(a) threatens a person with—
(i) damage to property belonging to that person or a related person; or
(ii) violence against that person or a related person; or
(b) threatens a group of persons or any person forming part of, or associated with, that group of
persons with—
(i) damage to property belonging to that group of persons or any person forming part of, or
associated with, that group of persons; or
(ii) violence against the group of persons or any person forming part of, or associated with, that
group of persons,
The Cybercrimes Act casts the net wider onto those who share content that could be harmful. It
is, therefore, no longer about the creator only. Moreover, the intent is broader than wanting to
cause harm. It is about the actual disclosure event which causes harm, threats or indices.

How to Report Cyber Bullying

The circumstances surrounding a cyberbullying incidence will determine the appropriate course
of action. Thus, we must no longer communicate, transmit, or publish mindlessly and instead
carefully consider what we advance, share, or pass on.

Victims may file a complaint with the South African Human Rights Commission, the Film and
Publication Board, or the SAPS, among other agencies. They might occasionally file a lawsuit in
civil court as well. The Childline toll-free Helpline is also used to report cyber bullying and is
available 24 hours a day (free from all networks) and what you talk about is confidential.

Cyberbullying carries serious legal ramifications. People should be aware of the rules and
regulations pertaining to cyberbullying and take preventative measures to safeguard others as
well as oneself, especially as technology advances and the internet and other digital platforms
become more widely used.

Ways to Prevent Cyber Bullying

Although there isn't a 100% guarantee that your child won't experience cyberbullying, there are
steps you can take as a team to lessen the chance they may be the target. This entails putting
safety precautions in place and continuing the discussion about cyberbullying. You should talk
about the definition of cyberbullying, the dangers of being a victim of it, and how it can get worse.

It's crucial to discuss with your tweens and teens responsible social media usage as well as what
to do if they become the target of online bullying.
Safeguard Devices and Accounts
It's crucial that your youngster use passwords everywhere in order to stop cyberbullying and
related activities such as catfishing. One of the best methods for safeguarding devices and
accounts is to use passwords.

Remind your youngster that they should never give out their passwords to anybody, not even
their closest friend. They may have complete faith in that person, but friends come and go, and
there's no assurance that they will stay friends forever.

Make use of privacy settings and tools.

Make sure your child is aware of the organization's privacy features and settings, regardless of
what they do online. Privacy options are available on nearly all social media platforms, such as
Instagram, Twitter, SnapChat, and TikTok. Take your youngster through each account and assist
them in adjusting their privacy settings to the safest possible levels. This entails locking off
accounts, prohibiting tags, obtaining permission from others before sharing any of their
photographs, and so forth.

Keep Personal Stuff Private

Children should never post their email address, mobile number, or address online. They should
exercise caution when disclosing excessive details about their educational background,
particularly if they have acquaintances or followers on social media that they don't know well.
Remind children that people on the internet are not always who they say they are. It is not always
the case that the person behind the account is a teenage girl, even while the profile photo
appears to show one. It can be someone posing as a young girl to learn more about other
teenagers.

Control the sharing of locations

Users of some smartphones can let their friends know where they are. This implies that those
who they choose to share their whereabouts with will constantly be aware of their whereabouts.
Talk to your child about whether or not they can reveal their whereabouts at all and with whom.
Similarly, some smartphone-taken pictures already have geotags added to them that show the
location of the snap. Even if they never disclose the location of the photo, others may be able to
locate your child using it. Your youngster should use caution in selecting which images to share
and when. For example, you could wish them to wait to share your vacation photos until after
you've returned. In this manner, you are preventing the whole internet community from knowing
that you will be gone from home for the next two weeks.

Make Them Think Before They Post

Encourage your tweens and teens to develop the practice of pausing before publishing. For
example, someone could write a post offline, review it after an hour, and determine whether or
not to upload it. By doing this, they will be prevented from posting something they could come to
regret. It could be beneficial to advise your child to take some time to consider before posting, as
cyberbullies could utilize what they find offensive. Naturally, the nature of the content won't
always matter if someone wants to use it against them.

However, by taking their time, your child will be able to consider what they are posting and
decide if it is something they want to share with the world. For children, this is a smart habit to
keep up a positive relationship with social media. Teach your teen or tween the importance of
digital etiquette as well. It is a privilege, not a right, to access social media and other internet
resources, and it can be revoked if one is unable to use them appropriately.

Perform an audit of social media

Take some time each month to sit down and check through your teen's or tween's social media
accounts. Decide together which posts should be removed from their account. This is a
particularly crucial task as they get ready to apply to universities or hunt for new employment.
Hiring managers and college recruiters frequently peruse an applicant's social media pages to
gain a sense of their character and personality. Make sure your adolescent and you both agree
that the message being conveyed through their postings and images is what they want others to
see.

When Using Public Devices, Log Out

Remind your tween or teen to log out of any accounts they use when using public computers or
laptops at the library or school. This entails shutting down their school, Amazon, social media,
email, and any other accounts they might open. Closing the tab alone is insufficient. Someone
might still be able to access your child's account if they log on right away after they're finished.
And once they get access, they can change the password to take over that account. Once they
get the upper hand, they can post and comment on bogus accounts that appear to be from your
child, impersonating them online. Furthermore, recovering control of an account can be
challenging and time-consuming after you lose access to it.

Refuse to React to Bullies Online

Your child should not reply if they are the victim of cyberbullying. They should thus refrain from
debating, attempting to reason with, or otherwise interacting with a cyberbully.
Cyberbullies are seeking an emotional reaction from their targets, but if your child doesn't give
them anything to work with, all they may get is one-sided messages. They ought to capture
screenshots of the harassment in the interim and store them as documentation of the interaction.
When filing a report on a cyberbully, this paperwork can be required.

Inform authorities about cyberbullies

Assure your youngster that reporting cyberbullying is something they should do at all times. This
involves informing the social networking site, internet service provider, and any other relevant
parties about what is happening in addition to yourself. To stop the harassment, you might even
need to call the police or the school. After all reports have been submitted, take the necessary
action to block the account or individual causing the cyberbullying. While it will slow them down,
doing so does not stop them from continuing to cyberbully your tween or teen using a different
account or a public place. Additionally, teens should learn how to be effective observers. They
should look for ways to support the person being targeted instead of engaging in cyberbullying
themselves if they witness it happening online. Additionally, kids ought to inform you, a teacher,
or the principal about anything they see them doing online. This is especially important if they
know who is engaging in cyberbullying. Children are most frequently the targets of cyberbullying
by others they know from their community or school. Thus, defending the victim of cyberbullying
can help stop similar instances in the future, particularly if the perpetrator is not receiving the
desired response.