CYBER SAFETY: SA Human Rights Commission urges stronger laws to protect children online

South Africa's outdated legal framework leaves children vulnerable to online risks such as addictive algorithms and excessive data collection. The South African Human Rights Commission (SAHRC) has released a report urging urgent reforms to protect children's privacy and safety online. The report, Children's Rights to Privacy and Safety on Online Platforms, highlights gaps in existing legislation that fail to address platform design choices and accountabilities for tech companies.

Commissioner Nomahlubi Khwinana, who presented the report, noted that current laws were built for an earlier era and children are now paying the price for delayed reform. The report was created through a stakeholder conference in Johannesburg, where children shared their needs for safe-by-default platforms, accessible reporting, understandable privacy settings, and representation at decision-making tables.

Key gaps in current legislation include the lack of a single policy framework, insufficient safeguards for children's data, and no mandatory age verification for online accounts. Recommendations from the SAHRC report include amending the Protection of Personal Information Act (Popia) to require children's plain-language consent, extending Popia's purview to passive data collection and harmful platform design, and empowering regulators to assess platform safety by design through proactive measures.

The commission also called for amendments to the Cybercrimes Act to tackle addictive algorithms and commercial use of children's data for targeted advertising.

Big tech companies like Meta participated in the conference and expressed their willingness to collaborate on improving children's online safety. The recommendations aim to close the identified gaps and ensure children's rights to privacy and safety are upheld in the digital realm.