Article by Anashya Jugmohan |
With today’s culture of social media posting and parental online “Influencers” , parenting extends beyond traditional concerns—it now includes decisions about a child’s online presence. Social media has blurred the lines between personal and public life, raising legal and ethical questions about parental rights and children’s digital privacy.
In South Africa, the legal framework governing these issues is evolving, particularly in co-parenting arrangements where one parent may object to the other sharing a child’s images or personal details online, however no legislation has yet been promulgated and these issues are largely left to be dealt with on a case-to-case basis by representatives, the Office of the Family Advocate and the Courts.
This article explores the legal considerations, practical challenges, and best practices for parents navigating these modern dilemmas.
Who Decides? Parental Rights in the Digital Sphere
The Children’s Act 38 of 2005 is the cornerstone of parental rights and responsibilities in South Africa. It grants parents joint responsibility and decision-making power over their child’s upbringing, which extends to digital matters.
When parents separate, co-parenting agreements or Court Orders dictate how major decisions are made, but these often overlook social media use and online privacy.
Without a clear agreement, disputes can arise when one parent shares personal details, images, or videos of a child online against the other’s wishes.
If the disagreement cannot be resolved amicably, a Court may need to intervene, weighing the child’s best interests—a fundamental principle in South African family law.
Children’s Right to Privacy and POPIA Compliance
South Africa’s Protection of Personal Information Act (POPIA) regulates the processing of personal data, including that of minors.
Parents must consider whether sharing their child’s information online aligns with data protection laws and the child’s best interests, including their right to privacy.
POPIA requires that any sharing of personal information be lawful and in the best interest of the data subject—in this case, the child.
Although parents act as guardians of their child’s privacy, they must also consider whether their child, depending on their age and maturity, consents to their online exposure. In some cases, courts may deem excessive social media sharing as an infringement of the child’s rights, particularly when it affects their dignity or safety.
While a proud parent may wish to post pictures online of their minor child, it is not often considered that these online images can remain on multiple social media platforms for years and, if tagged, can reveal the child’s personal details including their name, family ties based on the parent’s visibility online and even the child’s preferences and location.
This could place a child at risk of online predators as they grow or have an impact on their self-image or privacy when they reach adulthood, depending on the content shared.
Co-Parenting Disputes Over Social Media
Common disputes in co-parenting relationships include:
- One parent posting photos of the child or details of the child (such as the child’s sterling report card, which reveals their academic record and, invariably location and school information) without the other’s consent.
- Disagreements over how much personal information should be shared online.
- Parents tagging locations, potentially exposing the child to safety risks.
- One parent using social media to vent frustrations about co-parenting, indirectly involving the child.
These issues highlight the lack of a standard legal approach to digital parenting in South Africa. While no explicit legislation governs parental social media use, courts can issue orders prohibiting or limiting online exposure if deemed necessary to protect the child.
Legal Precedents & Global Trends
Internationally, courts are increasingly recognizing children’s digital rights. In some countries, parents have been ordered to remove social media posts featuring their children, citing privacy violations.
South African courts may follow similar reasoning, particularly in contentious cases where one parent objects to their child’s online presence.
In most, if not all states in the USA, it is illegal to film or take pictures of a minor and to post or share this online without explicit parental consent.
Best Practices for Co-Parents
To avoid disputes and protect children’s digital well-being, co-parents should consider the following:
- Agree on Online Boundaries – Parents should discuss and formalize guidelines about sharing their child’s information online, including what is acceptable and what is not.
- Limit Identifiable Information – Avoid tagging locations, full names, or personal details to minimize risks.
- Include Digital Privacy in Parenting Plans – Formal agreements can include clauses about social media use to prevent conflicts.
As technology continues to shape family dynamics, South African parents must proactively address their child’s online presence. While there is no single legal answer to social media disputes in co-parenting, the best approach remains prioritizing the child’s best interests, maintaining open communication, and respecting privacy rights.
Given the growing concerns around digital exposure, family law practitioners should consider incorporating digital parenting clauses into parenting plans and mediation discussions.
For parents facing disputes over online exposure, seeking legal guidance can help clarify rights and responsibilities while ensuring the child’s privacy and safety remain the top priority.
