THE DIGITAL LAW COMPANY AND ITS FIGHT AGAINST ABUSERS AND THEIR TECH IMMUNITY

Introduction 

The distribution of sexually explicit images and videos of children continues to plague social media platforms. In early July 2025, the Digital Law Company (“DLC”) brought a case against META Platforms Inc (“META”), who own various mainstream social media platforms such as Facebook and WhatsApp, over the distribution of sexually explicit content involving South African children on META’s platforms.  

This article summarises the facts of the case, analyses the legislation that underpins  South Africa’s fight against sexually explicit content involving children, and offers practical guidance to parents and guardians on protecting their children from digital exploitation. 

The case at hand 

An unknown number of individuals created and opened approximately 30 Instagram accounts and six WhatsApp channels where sexually explicit content of South African school children was being distributed.  

After a failure to deal with the removal and shutdown of the various social media accounts, the DLC approached the Johannesburg High Court on an urgent basis.  Judge Mudunwazi Makamu ordered Meta to immediately remove the six specific  WhatsApp channels and 30 Instagram profiles, block the offenders from creating new accounts and provide the DLC with any information that could identify the account creators.  

META failed to comply fully with the Court’s directives as they deleted some of the accounts but failed to disable access for followers or provide identifying information to the DLC. The DLC indicated that enforcement became difficult because as soon as one account was taken down, another would instantly be created again. As a result, the  DLC sought to approach the High Court for a contempt of court order against META  to compel immediate action. 

The DLC managed to secure a consent order that sets a critical precedent for online accountability and enforceability of children’s rights in the digital landscape of South  Africa. META has agreed to provide the user information of just over 60 accounts that were linked to the distribution of the sexually explicit content, which will allow the victims to pursue legal action against the perpetrators.  

Further to this, a two-year hotline between the DLC and META is established, which has already been put into great use, as social media accounts have already been taken down.  

How South African legislation deals with the distribution of sexually explicit  material 

The Films and Publications Act 65 of 1996 defines child pornography as the following:  

“Any image, however created, or any description of a person, real or simulated, who  is or who is depicted, made to appear, look like, represented or described as being,  under the age of 18 years:  

1. engaged in sexual conduct;  

2. participating in, or assisting another person to participate in, sexual conduct; or  

3. showing or describing the body, or parts of the body, of such a person in a manner or in circumstances which, within context, amounts to sexual exploitation, or in such a  manner that it is capable of being used for sexual exploitation.” 

   
   

Section 24B makes it an offence to possess, create, import, obtain, broadcast or distribute any film, game or publication which contains scenes of child pornography.  

Section 24C imposes obligations on internet and content service providers to moderate child-orientated services, display safety messages in a language that will be understood by children, provide a mechanism for a child to report suspicious behaviour by any person in a chat room and, where technically feasible provide children and their parents or primary care givers with information to software which can be used to filter or block access to any harmful content. 

The Sexual Offences and Related Matters Amendment Act 32 of 2007, under section  10, criminalises the exposure or display of child pornography. Section 19 criminalises the exposure or display of pornography or child pornography to children. Section 20  criminalises the unlawful use of a child with or without consent for the creation,  making, or production of child pornography.  

The Electronic Communications and Transactions Act 25 of 2002, in terms of section  77, affords a party with a take-down procedure for unlawful online content. A  complainant can submit a written notice to a service provider specifying the infringing material and requesting its removal. The service provider must act expeditiously to remove or disable access to the data upon receiving a valid notice and is not liable for wrongful take-down when acting in good faith. This mechanism provides a legal basis for South African regulators and victims to combat the removal of sexually explicit content concerning children.  

Significance of the DLC and its combat of child pornography 

Before this case, global tech platforms often responded to takedown requests according to their own community guidelines. The consent order confirms that social media companies operating within South Africa must abide by our legislation and court orders and hand over user information to investigative authorities when called upon. 

The case further demonstrates why there is a need for collaboration between law enforcement agencies and tech companies. The two-year hotline and direct contact with META aim to fast-track the removal of harmful and disturbing content involving children.  

Practical guidelines for parents and caregivers 

Although legal mechanisms are important, parental vigilance remains of paramount importance. Parents are encouraged to monitor online activity and to restrict nighttime usage of devices, as most explicit posts tend to be shared at night.  

Understand the risks of allowing children to be party to WhatsApp channels which enable mass broadcasting without any user visibility. Users of various social media 

platforms tend to have the option of saving content to their devices long after a channel has been deleted. Encourage children not to join or share any links to such channels.  

Educate children about online risks. Discuss the legal and personal consequences of sharing intimate images, emphasising that consensually shared images of minors are illegal to distribute. They should be encouraged to block, report and delete harmful content.  

Conclusion 

The DLC and META case is a landmark in South Africa’s efforts to combat sexually explicit content being distributed online. By compelling a tech company such as META  to remove explicit content, disclose the offender's identities and establish a hotline, the consent order demonstrates that South African courts will not shy away from enforcing local legislation against international media platforms.  

Moreover, it underpins that legal measures are not enough to fully protect children against such harmful acts. Vigilant parenting, open communication and digital literacy are essential to ensure that young people do not become victims of such harmful acts.