Social Media and Your Children: What Can You Do (Legally) When Faced with Cyberbullying?

Social media has become part of everyday life, especially for children and teenagers.

While it offers many positive opportunities to connect and learn, it also brings serious risks. Cyberbullying has become one of the most worrying issues for parents today. Hurtful messages, fake profiles, cruel comments, and threats can cause real emotional damage to young people. As a parent, it is important to know that you do not have to stand by helplessly. There are legal steps you can take to protect your child.

In South Africa, cyberbullying is recognised as a real form of harm. Several laws can be used to take action depending on the circumstances. The most important of these include the Protection from Harassment Act 17 of 2011, the Cybercrimes Act 19 of 2020, and even the common law relating to defamation and emotional harm.

If your child is being harassed, threatened, or intimidated online, you can apply for a protection order under the Protection from Harassment Act. This applies even if the bully is another child. A protection order is a court order that can forbid a person from contacting or harassing your child, including through social media, messaging apps, or online gaming platforms. In urgent cases, an interim order can be granted quickly, often without the bully being notified until the order is served.

The Cybercrimes Act also makes it a criminal offence to send messages that incite violence, threaten harm, or distribute harmful images without consent. This law covers many forms of online abuse that children may face. If someone sends threatening or abusive messages to your child, you can open a criminal case at your local police station.

Defamation law can also be used if false and damaging statements are published about your child online. If someone posts lies that harm your child’s reputation, you may have a civil claim for damages. It is important to act quickly, as the longer harmful posts remain online, the greater the potential damage.

Beyond taking formal legal action, there are practical steps you can and should take immediately if your child is being bullied online:

• Take screenshots of all abusive messages, posts, or images

• Report the offending profiles or posts to the social media platform

• Block the bully’s account

• Speak to your child’s school if the bullying involves classmates

• Keep a clear timeline of events to assist with legal action if needed

  
  

It is vital not to ignore online abuse. Children and teenagers often suffer silently. Early intervention can make a major difference to their emotional well-being and protect their future.

At Spence Attorneys, we assist parents in understanding the legal steps needed to protect their children against cyberbullying. Whether you need help obtaining a protection order, opening a criminal case, taking down harmful content, or pursuing damages, we are here to advise and assist you.

If your child is being bullied online, do not wait. Contact Spence Attorneys for practical, professional legal support to protect what matters most.

Disclaimer: This article is for information purposes only and does not constitute legal advice. Please consult a qualified attorney for advice tailored to your specific circumstances.