As more aspects of life move into the online space, the South African Depression and Anxiety Group (Sadag) is recording an increase in the number of people subjected to harmful behavior. Such actions include bullying, hate speech, trolling, body shaming, and personal attacks.
Rosheni Parbhu-Sita, a project manager for education at Sadag, noted that social media has provided people with a means to communicate, but it has simultaneously simplified the rapid spread of offensive comments to a much wider audience than was previously possible.
She emphasized that the emotional impact of cyberbullying can be quite significant. People often exhibit increased anxiety, depression, panic attacks, feelings of shame or humiliation, low self-esteem, social isolation, sleep problems, and difficulties concentrating at work or school. For some vulnerable individuals, constant harassment can contribute to suicidal thoughts or self-harm.
According to Parbhu-Sita, one characteristic of cyberbullying is that it is difficult to escape. Unlike traditional bullying, which may cease after leaving school or work, online abuse can follow a person home, continue around the clock, and be witnessed by hundreds or even thousands of people.
Parbhu-Sita stated that combating cyberbullying requires the involvement of all parties. It is necessary to continue educating about digital literacy and respectful online behavior from an early age. Parents, guardians, and teachers also need tools and confidence to have open conversations with children and young people about internet safety and what to do if they become targets.
Furthermore, it is important to facilitate people seeking help. Many remain silent due to embarrassment, fearing they will not be taken seriously, or fearing advice to 'ignore it.' It must be recognized that online harassment can affect mental health as deeply as a face-to-face confrontation.
Civil organizations and the Western Cape Department of Social Development issued a call after a social worker shared information about one of the problems they are facing.
Experts note that cyberbullying and online harassment have become serious legal and psychological issues in South Africa, going beyond minor digital inconveniences. Yolanda Akram, a human rights lawyer, reports that she increasingly sees clients seeking legal assistance after being subjected to insulting, humiliating, and threatening comments on social media.
According to her, although many still consider online abuse as 'just the internet,' the emotional, reputational, and even financial damage from such attacks can be quite significant. What is published online can spread quickly, remain accessible indefinitely, and often reach a much wider audience than traditional forms of libel.
Akram emphasized that social media has created an environment where people often feel bold enough to say things they would never say in person. Public figures, professionals, journalists, politicians, and ordinary citizens in South Africa regularly face insults, harassment, threats, and discriminatory comments based on race, religion, gender, nationality, or appearance. Unfortunately, the anonymity or perceived distance provided by social media gives some users a false sense of impunity.
The consequences of online bullying can be severe. A victim can file a civil lawsuit for defamation and seek damages if their reputation has been unlawfully harmed. Depending on the circumstances, a person may also apply for a protection order under the Protection from Harassment Act if the behavior constitutes persistent harassment. If comments contain hate speech or illegal discrimination, a case can be brought before the Equality Court. In some cases, especially with threats of violence, extortion, or cybercrime, criminal investigations may follow.
It is important to note that deleting a post does not necessarily eliminate liability, as screenshots, archived content, and digital evidence can often be used in court proceedings.
To address this issue, Akram believes that education is a key element. People must realize that the same legal and ethical standards that apply offline also apply online. Before publishing anything, individuals should ask themselves if they would be willing to repeat those same words publicly, face-to-face, or in court.
Social media platforms also bear a significant responsibility for promptly responding to reports of abusive content, consistently enforcing their community standards, and cooperating with legal investigations when appropriate. At a societal level, respectful disagreement must be encouraged instead of personal attacks. There is a fundamental difference between criticizing someone's views and attacking their race, religion, gender, appearance, or personal dignity.
Powerศรี Padayachi, Provincial Manager of the South African Human Rights Commission in KwaZulu-Natal, reported a large number of complaints regarding online harassment. She noted that investigating these cases is difficult because the details of the respondent/perpetrator are often unknown or they use fake accounts. Complaints include racial discrimination, hate speech, and discrimination on various listed and similar grounds under Section 9(3) of the Constitution, including violations related to religion and culture.
Padayachi clarified that complaints are considered based on their merits and context. If the perpetrator's contact details are known or can be established/traced, the commission investigates their comments/statements and/or behavior. However, all cases are assessed based on their individual characteristics. They may be settled through alternative dispute resolution or litigation. Hate speech and discrimination are constitutional violations. Hate speech in any form is a crime under the Prevention and Combating of Hate Crimes and Hate Speech Act 16 of 2023, and the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 also applies.
Possible consequences may include written unconditional apologies to affected communities or religious groups, as well as a written commitment to refrain from such comments. Perpetrators may also be ordered to remove offensive posts, and the relevant apologies and/or commitments may be made public. They may also be ordered to pay compensation, which can be directed to various purposes, and undergo diversity/sensitivity training.
Verli Oosthuizen, an attorney, partner, and head of social media law at Shepstone & Wylie, described numerous forms of cyberbullying across various digital platforms. She stated that under common law and South African legislative frameworks, such actions generally constitute a deliberate infringement on a person's dignity, reputation, or privacy. These actions include stalking and cyberstalking, such as sending persistent, unwanted, or threatening private messages, emails, or comments via platforms like WhatsApp, Instagram, or TikTok.
There are also practices such as doxxing and deadnaming, which involve publicly disclosing a person's private, confidential, or deeply personal information, such as real addresses, sexual orientation, or employment details, without their consent, with the aim of causing humiliation or danger. Furthermore, exclusion and trolling, such as intentionally blocking people from group chats or class chats while coordinating online harassment against them, are also forms of online harassment.
Oosthuizen mentioned the problem of impersonation, such as catfishing or fraping, which involves creating fake profiles using the victim's name and photos to publish offensive content, destroy their reputation, or ruin relationships. Another form of online harassment is non-consensual distribution of intimate images, known as 'revenge porn.' Distributing private, explicit sexual photographs or videos without consent is a serious crime that is strictly criminalized.
Many internet users mistakenly believed that Section 16 of the South African Constitution gave them an absolute right to say whatever they want online. Oosthuizen categorically refuted this, stating that our legislation does not view rights as absolute; they must be balanced against competing rights such as the Right to Dignity (Section 10) and the Right to Privacy (Section 14).
Moreover, Section 16(2) explicitly states that freedom of expression does not extend to the promotion of war, incitement to imminent violence, support for hatred based on race, ethnicity, gender, or religion, and which constitutes incitement to harm (hate speech). Online publications that go beyond these boundaries completely lose constitutional protection.
Oosthuizen noted that South Africa has developed a robust legislative framework to combat online abuse. Now, adults and minors can face severe legal consequences, not just school disciplinary measures. Among the civil and protective remedies is the Protection from Harassment Act 17 of 2011. Victims can approach the magistrate's court for a protection order against the bully. This act obliges internet service providers to assist in identifying anonymous trolls. Violation of a protection order is a criminal offense leading to an immediate arrest warrant. Victims can also sue perpetrators for financial damage caused to their reputation or severe psychological trauma.
Regarding criminal measures, the Cybercrimes Act 19 of 2020 is South Africa's 'main weapon' against digital harm. It criminalizes the disclosure of data messages threatening violence or property damage, malicious communications, and directly prohibits revenge porn. Sentences can include heavy fines and imprisonment for up to three or five years. Additionally, perpetrators can be criminally charged with deliberately undermining another person's dignity through insulting online abuse or profanity.
