Pixels and protection: Strengthening legal frameworks against digital child labour

Mail & Guardian

20-05-2025

Digital content may seem harmless but children are being commodified and South Africa's legal framework has not evolved to include the digital economy.
Scrolling through social media often reveals a troubling trend: the commodification of childhood. Across platforms, South African children are increasingly featured in monetised content, from baby fashion showcases and toy unboxings to preteen dance trends and family video blogs (vlogs).
Many of these 'kidfluencer' accounts, typically managed by parents or guardians, generate substantial income through brand partnerships and online followings.
Although such digital content may appear harmless, even entertaining, it raises serious concerns about consent, exploitation, privacy and the psychological effects of growing up in the public eye.
This presents a legal and ethical challenge. South Africa's legal frameworks, like those in many countries, are designed to regulate physical labour. They have not evolved to address the complexities of the digital economy, where children do unpaid or underpaid work, often without informed consent or sufficient oversight. These children usually lack meaningful agency and legal protection, falling into a regulatory grey zone.
The dangers are not speculative. Documentaries such as
Child Star
and
Quiet On Set: The Dark Side of Kids TV
have exposed the long-term harm faced by children pushed into public roles without adequate safeguards. These cautionary tales resonate in the South African context, where economic inequality and limited opportunities may push families to monetise their children's digital presence as a survival strategy.
South Africa's
Similarly, the
International frameworks to which South Africa is a signatory further strengthen the case for reform. The
While these instruments offer crucial guidance, they require contextual adaptation to digital realities. For example, how should digital 'labour' be defined? When does family-generated content cross the line into commercial exploitation? And what responsibilities do platforms and advertisers have in this ecosystem?
South Africa's persistent socio-economic inequality amplifies the urgency of these questions. Children who achieve online fame may bring significant income into households, but often at the expense of their education, well-being and right to privacy. As the ILO notes, child labour and poverty are 'inevitably bound together'.
Grace Abbott's enduring observation that
New technologies are further complicating the child labour landscape. AI-generated content, sometimes involving deepfakes or manipulated images, has created a new frontier for abuse.
South Africa must urgently criminalise the production and distribution of such content and equip law enforcement with the skills and tools necessary to investigate these offences. The existing legal framework must also be expanded to encompass exploitative digital activities, including the misuse of children's data and images in AI-generated content.
The
There is considerable scope to build a forward-looking legal and regulatory framework. First, South Africa should develop tailored legislation that recognises digital content creation as a form of child labour when monetised. Such legislation should clearly define the rights of child influencers, including rights to privacy, compensation, education, and redress.
Second, the law should mandate parental accountability and introduce independent oversight of commercialised child content. This could include a registry for child influencers, compulsory financial trusts for income generated and psychological assessments to monitor well-being.
Third, regulations must compel digital platforms to implement stronger child protection mechanisms. This includes age verification systems, flagging and removing harmful content, and providing transparent reporting channels. Algorithms that amplify exploitative content should be audited and adjusted.
Fourth, South Africa should invest in education campaigns about the risks and responsibilities of sharing children's content online. Digital literacy programmes in schools and communities could equip children and parents with the knowledge to navigate these spaces safely.
Fifth, companies operating in South Africa must be required to conduct AI-enhanced due diligence across their supply chains. Blockchain technologies can provide traceability, helping verify that child labour, whether physical or digital, is not hidden in production or promotional pipelines.
Given the borderless nature of the internet, international cooperation is essential. Harmonised laws, interoperable monitoring systems, and data-sharing agreements will be critical for tracking and prosecuting offenders who exploit children across jurisdictions.
As a regional leader in digital policy, South Africa is well-positioned to advocate for a continental framework that protects African children from digital exploitation. The African Union's
The digital economy offers enormous potential, but also exposes children to unprecedented forms of exploitation. While the country's legal foundation provides a starting point, it must now be modernised to meet the demands of the digital age.
By implementing robust protections, leveraging ethical technologies, and fostering international collaboration, South Africa can lead in crafting a just, inclusive, and child-safe digital future. The digital world should not merely be a space of risk for South African children, it can, and must, become a space of rights, resilience, and responsible innovation.
Letlhokwa Geoge Mpedi is the vice-chancellor and principal of the University of Johannesburg. Tshilidzi Marwala is a rector of the United Nations University and UN under-secretary general. The authors' latest book on this subject is Artificial Intelligence and the Law (Palgrave Macmillan, 2024).