By Charmaine Ndlela
Before you post, pause.
Sharing images of children without consent is not only unethical, but it may also be unlawful and expose learners to serious harm.
In South Africa, legislation such as the Protection of Personal Information Act (POPIA), the Children’s Act, and the Films and Publications Act exists to safeguard children’s rights, privacy, and safety. Any identifiable image, including a child’s face, name, school uniform, or location, is classified as personal information and requires explicit consent before being shared.
The debate has intensified following a viral incident at Thembalethu Primary School, where a Grade 1 learner was filmed and shared online without proper consideration of the consequences. The case has reignited questions about whether teachers should be prohibited from posting learners on their personal social media accounts.
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Legal experts warn that once an image is shared online, control is effectively lost.
According to Dr Bruyn Attorneys, once a photo or video is viewed by third parties, it is legally considered “published”, meaning it is no longer private and can be distributed beyond the control of parents or guardians.
South Africa’s Constitution, under Section 14, guarantees the right to privacy for all citizens, including children. This protection extends to safeguarding their personal information and shielding them from unnecessary exposure.
POPIA, enacted in 2021, further strengthens this protection by classifying children’s data as “special personal information”, requiring strict parental consent before it can be collected, processed, or shared.
South Africa is also a signatory to the United Nations Convention on the Rights of the Child (UNCRC), which reinforces the importance of protecting children from arbitrary interference in their privacy and personal lives.
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Obtaining parental consent is essential, as it protects children’s privacy and safety, ensures legal compliance, respects parental rights and builds trust between schools and families, a process that, a grade 7 assistant teacher Dintle Soetsane at Mokhesi Junior Secondary School situated at Sterkspruit, Eastern Cape, speaking to Inside Education explains, should clearly outline what is being filmed, where it will be shared, and give parents the right to refuse or withdraw permission at any time.
Dintle adds that consent forms are not just administrative documents, but serve as formal agreements that specify whether content may be shared on school platforms or teachers’ personal social media accounts, while also protecting both the school and families.
“Without consent, schools and teachers risk violating both policy and law,” she said.
In cases where consent is not granted, experts advise that children should not be identifiable in any shared content. This includes avoiding clear images of faces, school uniforms, or locations, or using methods such as blurring.
The issue has exposed a growing divide between educators and parents.
Some teachers say they avoid posting learners altogether to protect themselves.
“I don’t post my learners… parents are complaining about everything, so I just want to be on the safe side,” said one teacher.
Parents, however, are firm in their stance.
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“We don’t want people, including teachers, posting our children online. That is not why they are at school,” said one parent, adding that consent cannot be assumed simply because a teacher means well.
Others point out that consent forms are distributed at the beginning of each school year, giving parents the option to allow or deny the use of their child’s images.
“If you signed the consent form, then the school is not wrong,” another parent said.
However, concerns remain about teachers using personal social media platforms such as TikTok, Facebook, and WhatsApp for content creation, often beyond what parents originally agreed to.
“I am a teacher, and I don’t post my students unless it’s strictly academic. Some colleagues are overdoing it for content,” said another educator.
The South African Democratic Teachers’ Union (SADTU) maintains that teachers must obtain parental consent before filming or photographing learners.
Speaking to Inside Education, SADTU spokesperson Nomusa Cembi said posting learners on personal social media without consent is wrong and could lead to disciplinary action.
“If a teacher posts learners without permission, a complaint must be laid, and a disciplinary process should follow,” she said.
Cembi emphasised that once a child’s image is shared online, their identity is exposed to the world, increasing risks such as cyberbullying and exploitation.
Education stakeholders stress that consent must go beyond a simple signature, adding that, true informed consent goes beyond a signed form. It is a clear, voluntary agreement given by a parent or legal guardian who fully understands what is being recorded, how the content will be used, where it will be published, and who will have access to it. It also means parents are aware that they have the right to say no without any negative consequences for their child.
Many parents are now calling on the Department of Basic Education to introduce stricter policies governing social media use by teachers.
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“I feel like some teachers are now focused on content rather than teaching,” said one parent.
The Films and Publications Board has also warned against posting images of children in school uniforms online, citing risks to their privacy and safety.
Experts agree that protecting children online requires a collective effort.
Therefore, teachers are encouraged to respect consent agreements, follow school policies, and prioritise education over online engagement.
In an era where digital content spreads rapidly and permanently, one post can have lasting consequences.
Safeguarding children’s identities is not just a legal requirement; it is a shared responsibility.
In a country grappling with high levels of cybercrime and child exploitation, even a seemingly harmless post can have lasting consequences.
The safety of all learners is a collective effort in ensuring that their identity is always protected from the vultures of social media and creating a safe environment for them. It all starts with the POPIA Act.