The legal remedies to protect minors against cyberbullying in South Africa
- Authors: Hlazo, Nonhlanhla Irene
- Date: 2018
- Subjects: Cyberbullying -- South Africa , Child pornography -- Law and legislation -- South Africa , Child sexual abuse -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/30271 , vital:30914
- Description: The aim of this research is to investigate the constitutional, common law and legislative remedies available to protect the rights of minors against cyberbullying in South Africa and whether these laws are in line with the relevant international instruments. The study focuses on the protection of the rights of minors online as the most vulnerable group in society. The internet was not originally created to be used by minors, therefore, children are subject to more risks on the internet like cyberbullying. Cyberbullying results in the infringement of the rights to privacy, dignity and reputation among others. There are several remedies available in South African private law to protect the rights of minors. However, the rights of the victim must be balanced against the perpetrator’s right to freedom of expression, taking into consideration the best interests of both children. The remedies available are in line with some international instruments safeguarding human rights but there are a number of weaknesses in relation to the application of these remedies to instances of cyberbullying. For example, an interdict cannot be issued in instances where the cyberbully is anonymous. The current legislative framework, although also in line with relevant international instruments, is not going far enough to protect children against cyberbullying. In addition, the term “cyberbullying” is not specifically defined in any of the Acts, which may create challenges in the prosecution of the crime. Fortunately, there are a number of Bills in the pipeline that aim to address the gaps in the current law. Several provisions of the Bills also correlate with relevant international instruments. However, there is a need to revise the proposed Bills in order to sufficiently protect minors against cyberbulling. This study also proposes recommendations relating to some of the inadequacies of the law in this regard.
- Full Text:
- Date Issued: 2018
- Authors: Hlazo, Nonhlanhla Irene
- Date: 2018
- Subjects: Cyberbullying -- South Africa , Child pornography -- Law and legislation -- South Africa , Child sexual abuse -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/30271 , vital:30914
- Description: The aim of this research is to investigate the constitutional, common law and legislative remedies available to protect the rights of minors against cyberbullying in South Africa and whether these laws are in line with the relevant international instruments. The study focuses on the protection of the rights of minors online as the most vulnerable group in society. The internet was not originally created to be used by minors, therefore, children are subject to more risks on the internet like cyberbullying. Cyberbullying results in the infringement of the rights to privacy, dignity and reputation among others. There are several remedies available in South African private law to protect the rights of minors. However, the rights of the victim must be balanced against the perpetrator’s right to freedom of expression, taking into consideration the best interests of both children. The remedies available are in line with some international instruments safeguarding human rights but there are a number of weaknesses in relation to the application of these remedies to instances of cyberbullying. For example, an interdict cannot be issued in instances where the cyberbully is anonymous. The current legislative framework, although also in line with relevant international instruments, is not going far enough to protect children against cyberbullying. In addition, the term “cyberbullying” is not specifically defined in any of the Acts, which may create challenges in the prosecution of the crime. Fortunately, there are a number of Bills in the pipeline that aim to address the gaps in the current law. Several provisions of the Bills also correlate with relevant international instruments. However, there is a need to revise the proposed Bills in order to sufficiently protect minors against cyberbulling. This study also proposes recommendations relating to some of the inadequacies of the law in this regard.
- Full Text:
- Date Issued: 2018
Parents' perceptions of their adolescent children's internet use
- Authors: Butler, Zoe Ann
- Date: 2016
- Subjects: Parent and child -- South Africa , Internet users -- South Africa , Cyberbullying -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10948/7134 , vital:21246
- Description: Parents’ perceptions of their adolescent children’s Internet use significantly influences the parental mediation strategies they choose to use with their children. The motivation for this explorative research study was to understand the impact of psychological and social influences on users of the Internet in South Africa. Both locally and internationally, there is a focus on the use of digital Internet devices to facilitate education. Access of South Africans to the Internet, whether for social or educational use does not exist in a vacuum, exempt from the bidirectional forces of the individual and the environment they use the Internet in, whether it is family or academic. This study firstly focusses on how parents perceive their adolescent children’s Internet use, and secondly, how they parent their children’s use of the Internet. The common topics and themes that emerged from this study allow for the development and provision of professional services that individuals, couples, families, and groups require for the use of, or exposure to the Internet. This study uses an explorative-descriptive qualitative research design with an interpretive paradigm and snowball sampling. The qualitative research design focussed on the concepts of self-reflexivity, context, and thick description while utilizing multivocality of 1) international and South African research on cyber citizenship, including cyberbullying, cyber harassment, and legal consequences, with 2) psychological aspects of the psychosocial developmental challenges of adolescents from the iGeneration including the benefits, risks, and dangers of using the Internet, and 3) qualitative data collected from semi-structured interviews with parents from Generation X who are raising and educating a generation of children on the other side of the Digital Divide. Tracy’s 8 ‘Big-Tent’ criteria for guiding excellence in qualitative research and Tesch’s model of content analysis was used during the content analysis process. Themes and sub-themes that emerged from the analysis of the participants’ narratives included 1) experiences: positive and negative, 2) observations: behavioural changes and gender differences, 3) parenting methods: parental interaction, rules, and limits, 4) concerns: risks, and 5) opinions: personal views. This research study provides a thick description of South African and international literature and combines the literature with the voices of the participants and the researcher to produce discussions based on the findings of this qualitative study. Conclusions, recommendations, and limitations of this study informed future research on cyber citizenship by providing a detailed understanding of the context of South African parents and children, the psychosocial developmental challenges of adolescents and, how educational programmes can be best created to effectively impact on the generations of parents, teachers and children in South Africa.
- Full Text:
- Date Issued: 2016
- Authors: Butler, Zoe Ann
- Date: 2016
- Subjects: Parent and child -- South Africa , Internet users -- South Africa , Cyberbullying -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10948/7134 , vital:21246
- Description: Parents’ perceptions of their adolescent children’s Internet use significantly influences the parental mediation strategies they choose to use with their children. The motivation for this explorative research study was to understand the impact of psychological and social influences on users of the Internet in South Africa. Both locally and internationally, there is a focus on the use of digital Internet devices to facilitate education. Access of South Africans to the Internet, whether for social or educational use does not exist in a vacuum, exempt from the bidirectional forces of the individual and the environment they use the Internet in, whether it is family or academic. This study firstly focusses on how parents perceive their adolescent children’s Internet use, and secondly, how they parent their children’s use of the Internet. The common topics and themes that emerged from this study allow for the development and provision of professional services that individuals, couples, families, and groups require for the use of, or exposure to the Internet. This study uses an explorative-descriptive qualitative research design with an interpretive paradigm and snowball sampling. The qualitative research design focussed on the concepts of self-reflexivity, context, and thick description while utilizing multivocality of 1) international and South African research on cyber citizenship, including cyberbullying, cyber harassment, and legal consequences, with 2) psychological aspects of the psychosocial developmental challenges of adolescents from the iGeneration including the benefits, risks, and dangers of using the Internet, and 3) qualitative data collected from semi-structured interviews with parents from Generation X who are raising and educating a generation of children on the other side of the Digital Divide. Tracy’s 8 ‘Big-Tent’ criteria for guiding excellence in qualitative research and Tesch’s model of content analysis was used during the content analysis process. Themes and sub-themes that emerged from the analysis of the participants’ narratives included 1) experiences: positive and negative, 2) observations: behavioural changes and gender differences, 3) parenting methods: parental interaction, rules, and limits, 4) concerns: risks, and 5) opinions: personal views. This research study provides a thick description of South African and international literature and combines the literature with the voices of the participants and the researcher to produce discussions based on the findings of this qualitative study. Conclusions, recommendations, and limitations of this study informed future research on cyber citizenship by providing a detailed understanding of the context of South African parents and children, the psychosocial developmental challenges of adolescents and, how educational programmes can be best created to effectively impact on the generations of parents, teachers and children in South Africa.
- Full Text:
- Date Issued: 2016
Parents' perceptions of their adolescent children's internet use
- Authors: Butler, Zoe Ann
- Date: 2016
- Subjects: Parent and child -- South Africa , Internet users -- South Africa , Cyberbullying -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10948/4575 , vital:20619
- Description: Parents’ perceptions of their adolescent children’s Internet use significantly influences the parental mediation strategies they choose to use with their children. The motivation for this explorative research study was to understand the impact of psychological and social influences on users of the Internet in South Africa. Both locally and internationally, there is a focus on the use of digital Internet devices to facilitate education. Access of South Africans to the Internet, whether for social or educational use does not exist in a vacuum, exempt from the bidirectional forces of the individual and the environment they use the Internet in, whether it is family or academic. This study firstly focusses on how parents perceive their adolescent children’s Internet use, and secondly, how they parent their children’s use of the Internet. The common topics and themes that emerged from this study allow for the development and provision of professional services that individuals, couples, families, and groups require for the use of, or exposure to the Internet. This study uses an explorative-descriptive qualitative research design with an interpretive paradigm and snowball sampling. The qualitative research design focussed on the concepts of self-reflexivity, context, and thick description while utilizing multivocality of 1) international and South African research on cyber citizenship, including cyberbullying, cyber harassment, and legal consequences, with 2) psychological aspects of the psychosocial developmental challenges of adolescents from the iGeneration including the benefits, risks, and dangers of using the Internet, and 3) qualitative data collected from semi-structured interviews with parents from Generation X who are raising and educating a generation of children on the other side of the Digital Divide. Tracy’s 8 ‘Big-Tent’ criteria for guiding excellence in qualitative research and Tesch’s model of content analysis was used during the content analysis process. Themes and sub-themes that emerged from the analysis of the participants’ narratives included 1) experiences: positive and negative, 2) observations: behavioural changes and gender differences, 3) parenting methods: parental interaction, rules, and limits, 4) concerns: risks, and 5) opinions: personal views. This research study provides a thick description of South African and international literature and combines the literature with the voices of the participants and the researcher to produce discussions based on the findings of this qualitative study. Conclusions, recommendations, and limitations of this study informed future research on cyber citizenship by providing a detailed understanding of the context of South African parents and children, the psychosocial developmental challenges of adolescents and, how educational programmes can be best created to effectively impact on the generations of parents, teachers and children in South Africa.
- Full Text:
- Date Issued: 2016
- Authors: Butler, Zoe Ann
- Date: 2016
- Subjects: Parent and child -- South Africa , Internet users -- South Africa , Cyberbullying -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10948/4575 , vital:20619
- Description: Parents’ perceptions of their adolescent children’s Internet use significantly influences the parental mediation strategies they choose to use with their children. The motivation for this explorative research study was to understand the impact of psychological and social influences on users of the Internet in South Africa. Both locally and internationally, there is a focus on the use of digital Internet devices to facilitate education. Access of South Africans to the Internet, whether for social or educational use does not exist in a vacuum, exempt from the bidirectional forces of the individual and the environment they use the Internet in, whether it is family or academic. This study firstly focusses on how parents perceive their adolescent children’s Internet use, and secondly, how they parent their children’s use of the Internet. The common topics and themes that emerged from this study allow for the development and provision of professional services that individuals, couples, families, and groups require for the use of, or exposure to the Internet. This study uses an explorative-descriptive qualitative research design with an interpretive paradigm and snowball sampling. The qualitative research design focussed on the concepts of self-reflexivity, context, and thick description while utilizing multivocality of 1) international and South African research on cyber citizenship, including cyberbullying, cyber harassment, and legal consequences, with 2) psychological aspects of the psychosocial developmental challenges of adolescents from the iGeneration including the benefits, risks, and dangers of using the Internet, and 3) qualitative data collected from semi-structured interviews with parents from Generation X who are raising and educating a generation of children on the other side of the Digital Divide. Tracy’s 8 ‘Big-Tent’ criteria for guiding excellence in qualitative research and Tesch’s model of content analysis was used during the content analysis process. Themes and sub-themes that emerged from the analysis of the participants’ narratives included 1) experiences: positive and negative, 2) observations: behavioural changes and gender differences, 3) parenting methods: parental interaction, rules, and limits, 4) concerns: risks, and 5) opinions: personal views. This research study provides a thick description of South African and international literature and combines the literature with the voices of the participants and the researcher to produce discussions based on the findings of this qualitative study. Conclusions, recommendations, and limitations of this study informed future research on cyber citizenship by providing a detailed understanding of the context of South African parents and children, the psychosocial developmental challenges of adolescents and, how educational programmes can be best created to effectively impact on the generations of parents, teachers and children in South Africa.
- Full Text:
- Date Issued: 2016
- «
- ‹
- 1
- ›
- »