南非针对青少年色情短信执行反网络欺凌法律的挑战

M. Mthembu
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摘要

国际和国内法律文书都坚持保护儿童免受网络有害内容的侵害。在南非,儿童在上网时享有隐私权、言论自由和免受虐待性和剥削性材料侵害的权利。然而,近年来,许多南非儿童通过互联网参与制作和传播有害和非法信息。这引发了一个问题:南非的法律框架是否足以保护儿童,保护他们免受网络欺凌或色情短信的侵害?这项研究重新审视了南非反网络欺凌法律保护在线儿童的能力。网络欺凌有多种形式,因此,这项研究仅限于色情——通过手机交流裸照的参与。这项研究是基于对南非学校环境中发生的几个众所周知的性短信案例的有目的抽样。研究结果证实了南非反网络欺凌法律在遏制儿童参与色情短信方面效果较差的观点。此外,孩子们在新时代技术下的创造力,往往会使保护这些孩子免受色情短信伤害的努力变得复杂和破坏。该研究的结论是,许多南非父母似乎没有能力教他们的孩子如何处理安全的性短信,也没有能力保护这些孩子免受性短信经常带来的灾难性后果的伤害,这些后果甚至可能包括自杀。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Challenges of Enforcing Anti-cyber Bullying Laws on Teen Sexting in South Africa
The protection of children from harmful online content is upheld in international and domestic legal instruments. In South Africa, children enjoy the right to privacy, freedom of expression and protection from exposure to abusive and exploitative materials when they go online. However, in recent years, many South African children have been involved in creating and distributing harmful and illegal messages through the Internet. This prompts the question of whether the South African legal framework is adequate to protect children and shield them from cyberbullying or sexting. This study re-examines the ability of South African anti-cyberbullying laws to protect children online. Cyberbullying takes many forms, and therefore, this study is confined to sexting—the participation in communicating nude pictures through mobile phones. This study is based on the purposive sampling of several well-known cases of sexting that occurred within the South African schooling environment. The findings of the study confirm the view that South African anti-cyberbullying laws are less effective in curbing children’s participation in sexting. In addition, children’s creativity with new age-technologies has tended to complicate and undermine efforts to protect the same children from the harms of sexting. The study concludes that many South African parents appear ill-equipped to teach their children to handle safe sexting and to protect these children from becoming victims of the frequently disastrous consequences of sexting, which may even include suicide.
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