The global fad of sexting has caught on among teens in South Africa as well; but most of them do not realise the legal implications of this trend.
This warning came from local child protection experts following research on teenagers and social media, presented by doctors Clair Ruiz and Andrea Moore of the Oregon Health and Science University at the 21st Congress of the International Association for Child and Adolescent Psychiatry and Allied Professions held in Durban recently.
The term ‘sexting’ is a contraction of the words ‘sex’ and ‘texting’ and is defined as sending sexually explicit messages or images via cellphone.
According to the panel of experts possessing and distributing such material is illegal and have huge legal consequences.
Even if the messages or images are self-produced, voluntarily and not with commercial or malicious intent, charges relating to child pornography can be laid against the teenagers.
Children over the age of 10 potentially could be charged either in terms of the Criminal Law (Sexual Offences and Related Matters) Amendment Act or the Films and Publications Act as amended, for sending and receiving “sexts”, according to Joan van Niekerk of Childline SA. Any photograph of a nude child under the age of 18 is considered child pornography and extends as far as adults dressing up as children.
Van Niekerk has given the following advice to parents to avoid their children falling into this trap:
• Know how to use the child’s cellphone.
• Sign a contract with your child that stipulates the consequences of abuse.
• Regularly check your child’s phone for abuse.
• Keep open the channels of communication with your children over risque subjects.
