Meta has shut down several WhatsApp and Instagram accounts in compliance with a court order over sexually explicit content being shared via the social media channel.
The Facebook parent company says it will continue to engage with law enforcement over the use of its apps by predators.
In a statement to ITWeb, the Facebook, Instagram and WhatsApp owner said it has “zero tolerance for child sexual exploitation”.
“We are committed to ensuring the safety of all users on our platforms. We can confirm that the accounts we have identified have been shut down and we have submitted reports to the National Centre for Missing and Exploited Children in line with applicable laws.”
A Meta spokesperson said the company will “continue to engage with law enforcement and respond to valid legal requests”.
This follows a recent court order that set a legal precedent after a lawyer leveraged the Constitution to secure the takedown of these social media channels on behalf of unknown victims and against anonymous perpetrators who were sharing child pornography in violation of several laws.
On Tuesday evening, social media law expert Emma Sadlier and a group of lawyers obtained a High Court order against Meta to shut down certain anonymous Instagram accounts and WhatsApp channels distributing child pornography, as well as degrading and humiliating content concerning children, and to hand over all identifying information they hold to assist in finding out who is behind these accounts.
Possessing, distributing or creating child sexual abuse material is illegal under several South African laws, including the Cyber Crimes Act and the Films and Publications Amendment Act, in addition to being a criminal offence, says technology and privacy lawyer Nerushka Bowan. This, she notes, includes content that is AI-generated.
“If it’s on your device, you’re in possession, and that’s a crime,” Bowan explains, because the person receiving the material should have left the channel.
A justice.gov.za pamphlet on cyber bulling explains that, under the Sexual Offences and Related Matters Amendment, “any person exposing or displaying, or causing exposure or display, of child pornography to a child” is guilty of an offence.
“Also, if a child aids, abets, induces, incites, instigates, instructs, commands, counsels or procures another child to take and send such photo of the latter to the first child or another person, he or she will be guilty of an offence,” the pamphlet says, noting that someone who is found guilty of this faces jail time.
In this case, the Digital Law Company brought the matter to court on Constitutional grounds, citing the rights to privacy and dignity of those whose images were being shared, Bowan explains.
Worldwide issue
A 2023 South African Society journal article on the abuse of children notes that adolescent sexting has become a global concern. While sometimes seen as part of adolescent development, it can also be aggressive and harmful, increasing vulnerability to online victimisation and risky behaviour. The article calls for early intervention and collaboration between parents, educators and school officials, to safeguard adolescents in a digital environment.
Bowan says enforcement in cyber crime cases is often difficult, even with laws in place. Police officers and prosecutors need specialised knowledge, and courts must be able to interpret digital evidence.
“You have to find, first of all, the right policeman who understands what a cyber crime is… Then you find the right prosecutor who will know how to put the evidence in the case together… Then from there, if you manage to reach the court, does the magistrate or judge understand the nature of what's been presented to them.”
Bowan adds that it is easy for unknown perpetrators to simply open new accounts and continue distributing the illicit material. “You shut one account down, then tomorrow there’s another one.”
Instagram uses filters to moderate this type of content, but Bowan says WhatsApp doesn’t seem to have the same level of filtering, even though the technology is available.
The perpetrators may also be outside South Africa, adding another layer of complexity. While the Cyber Crimes Act allows for international cooperation, the law is difficult to enforce across borders, Bowan points out.
Meta’s local office has argued that responsibility lies with its US-based parent company, further complicating jurisdiction, she explains.
‘Unfortunate reality’
Lucien Pierce, partner at Phukubje Pierce Masithela Attorneys, says this case highlights the fact that children (anyone under 18 under South African law) are either voluntarily, or without their consent, being filmed engaging in sexual behaviour.
“In instances where they engage in this consensually, there is an element of naiveté in that they believe that the person they share the explicit content with will not distribute it further. The unfortunate reality is that, whether accidentally or intentionally, such explicit content can end up in the hands of malicious individuals.
“These individuals then, for various reasons, post this content publicly. I’m not aware of any statistics that record how prevalent this is, but my anecdotal experience is that it happens fairly regularly in South Africa. I base this on enquiries that my firm receives on this through our website and from interactions with parents who, like me, have teenage children. We have yet to see cases as well publicised and tragic as those in other jurisdictions, such as those of Cimarron Thomas and Jordan DeMay in the United States, but they are no doubt occurring in South Africa.”
According to Pierce, the law is unequivocal that publishing images and videos, in the manner that was done on the WhatsApp channels, is unlawful and a crime.
He adds that the Cyber Crimes Act provides for fines, or a jail sentence of up to three years, for disclosing intimate images and up to 15 years for other cyber crimes.
Meanwhile, the Department of Communications and Digital Technologies and the Film and Publication Board have welcomed the ruling.
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