PROJECT: SOCIAL MEDIA, SEXUALISED CONTENT AND THE LAW
- wesleyvosza
- Jul 11
- 6 min read
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Instagram, owned by Meta, continues to place millions of children at risk by exposing them to nudity and sexually suggestive content, despite policies that claim to prohibit such material. The platform’s poor enforcement, algorithmic loopholes, and weak age-verification systems mean that vulnerable minors remain exposed to harmful content, with potentially criminal consequences.
KEY STATISTICS ON CHILDREN'S EXPOSURE TO SEXUALISED CONTENT AND ONLINE EXPOSURE:
GLOBAL AND SOUTH AFRICAN SOCIAL MEDIA USAGE BY CHILDREN:
Approximately 60% of South African internet users are under 24 years old. (Stats SA, 2023)
Globally, over 70% of teenagers use Instagram regularly. (Pew Research Center, 2023)
A 2023 survey found that about 45% of South African youth aged 13-18 have experienced unwanted exposure to sexual content online. (Internet Matters, SA Branch)
EXPOSURE TO SEXUAL CONTENT ON SOCIAL MEDIA:
In 2022, Instagram was identified as one of the platforms with the highest volume of reported child sexual abuse material (CSAM) by the Internet Watch Foundation.
Studies show that 35% of teens globally have received unsolicited sexual content on social media. (UNICEF, 2023)
A 2024 report by South African NGOs revealed that over 40% of youth social media users had encountered sexualized or explicit content they found distressing.
INCIDENCE OF CHILD GROOMING AND EXPLOITATION ONLINE:
The South African Police Service (SAPS) reported a 30% increase in online grooming cases targeting minors between 2021 and 2024.
Globally, 1 in 7 children aged 8-17 have been sexually solicited online. (Childnet International)
In South Africa, over 2000 cases of child exploitation involving social media were reported to authorities in 2023. (FPB & SAPS combined figures)
ACCOUNT CREATION BY UNDERAGE USERS:
Despite Instagram’s minimum age limit of 13, an estimated 30% of accounts globally belong to users underage, based on self-reporting discrepancies. (Anti-Defamation League, 2023)
In South Africa, many children bypass age verification, increasing their vulnerability.
REPORTING AND MODERATION ISSUES:
Studies indicate that over 70% of harmful sexual content reported by users on social media is not removed within 24 hours, increasing exposure risk. (Internet Safety Watchdog Reports, 2024)
Instagram’s algorithm often amplifies risky content up to 20% more than benign content, increasing minors' exposure. (Data from Meta internal leaks, 2023)
INSTAGRAM'S POLICIES:
Instagram’s Community Guidelines prohibit:
Visible genitalia, fully nude buttocks, and explicit sexual activity.
Exceptions apply for health, education, and artistic material.
Sources:
DESPITE THESE RULES, CHILDREN ARE STILL EXPOSED:
Reports confirm:
Instagram Reels and algorithmic recommendations expose minors to inappropriate or sexualised content.
Predators exploit gaps in privacy and messaging settings.
Many children create accounts using false birth dates.
Evidence and reports:
META CHILD SAFETY:
Instagram has introduced new safety features aimed at protecting minors:
Nudity Protection Tool: Blurs images with nudity in private messages sent to teens.
AI Age Verification and Video Selfies to verify a user's age.
Private Accounts by Default for users under 18.
Parental Controls for screen time, message approvals, and content filters.
Despite these efforts, experts say the damage is still happening.
Harmful content is:
Still widely available.
Not removed fast enough after being reported.
Promoted by Instagram’s algorithm even when flagged.
Children can still join easily:
Despite age requirements, many children create accounts by lying about their age.
Instagram admits this is still a major gap.
CRIMES THAT MAY RESULT:
Exposure to such content can result in or be linked to:
Child grooming.
Sexual exploitation or abuse of children.
Possession or distribution of child sexual abuse material (CSAM).
Sextortion.
Trafficking.
Cyberbullying.
Mental health harm and suicidal ideation.
APPLICABLE SOUTH AFRICAN LAWS FOR CHILD ONLINE PROTECTION:
Cybercrimes Act 19 of 2020:
Addresses online child exploitation, grooming, image-based abuse, and illegal data sharing.
Films and Publications Act (as amended):
Classifies and criminalises the possession, creation, or distribution of child sexual abuse material.
Requires mandatory reporting of any online sexual content involving minors.
Children’s Act 38 of 2005:
Mandates the reporting of child abuse and protects children from exposure to harmful material.
Sexual Offences and Related Matters Amendment Act 32 of 2007:
Criminalises online grooming, exposure to pornography, and solicitation of minors.
PENALTIES FOR ONLINE CHILD EXPLOITATION IN SOUTH AFRICA:
Offenders can face severe legal consequences, including:
Possession, creation, or distribution of child sexual abuse material:
Up to 15 years imprisonment (Films and Publications Act; Cybercrimes Act).
Grooming or sexual communication with a child online:
Imprisonment of up to 10 years, depending on the severity (Sexual Offences Act).
Failure to report known child sexual exploitation online:
Fines or imprisonment up to 5 years (Section 110 of the Children’s Act).
Using a digital platform to commit or facilitate a sexual offence
Treated as an aggravating factor in sentencing.
Distribution of pornographic content to a minor:
Imprisonment up to 10 years, plus being registered on the National Child Protection Register.
Courts may also issue lifetime bans on working with children, forfeiture of electronic devices, and inclusion on the National Register for Sex Offenders.
PRO-ACTIVE SAFETY MEASURES:
EDUCATE AND TALK OPENLY:
Discuss online activity regularly with your children.
Help them identify inappropriate content or grooming attempts.
ACTIVATE PARENTAL CONTROLS:
Use Instagram’s privacy and safety tools.
Restrict private messaging, content exposure, and screen time.
WATCH FOR WARNING SIGNS:
Secrecy, isolation, anxiety, or sudden behavioural changes.
REPORT SUSPICIOUS CONTENT:
Use in-app reporting features.
Report directly to:
SAPS Family Violence, Child Protection and Sexual Offences Unit (FCS)
Film and Publication Board (FPB)
Childline South Africa – 08000 55 555
RAISE AWARENESS:
Share verified content through trusted channels.
Urge tighter age-verification policies and faster moderation from tech platforms.
While Instagram has come under scrutiny for exposing minors to nudity and sexualised content, it is far from the only platform placing children at risk. Many popular social media and messaging platforms, including TikTok, Snapchat, Facebook, WhatsApp, Telegram, YouTube, and even gaming platforms like Discord and Roblox.
Children have a constitutional right to dignity, safety, and protection.
Social media platforms like Instagram cannot continue to place engagement and profits ahead of child protection.
The law provides strong penalties, but enforcement and community vigilance are essential.
Parents, schools, and civil society must work together to monitor, educate, and report.
KEY RESOURCES:
Cybercrimes Act Summary: justice.gov.za
https://about.meta.com/actions/safety/onlinechildprotection/
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