six - New technology and the legal implications for child protection

Summary

Introduction

Electronic communication is a modern, pervasive phenomenon, enabling anyone to work, play and communicate 24 hours a day. Third generation mobile phones, combined with digital media convergence, has enabled the fixed internet to break free from the physical confines of the desktop to become truly wireless and portable.

This interactive, interconnected and instantaneous world promises immense societal benefits for young people. They can play virtual games, interact socially to define, refine and express preferences and learn about the world around them, enhancing their personal development. Mobile phone and internet use is ubiquitous among young people, with instant messaging and texting now part of mainstream culture. The societal advantages are tempered by significant risks. Cyber-stalking, cyber-bullying, happy-slapping, child abuse and abduction, racist and hate speech, gambling and pornography are indicative of the online dangers preoccupying parents, guardians and legislators (Bocij and McFarlane, 2003).

This chapter discusses the legal issues surrounding the availability and use of e-communication technologies. It discusses the dangers associated with e-communication and options available to mitigate these risks. It argues that risk assessment must strike a balance between overcautiousness and foolhardiness. Effective technical, legal and regulatory measures must be appropriate to the level of risk, proportionate, inclusive and holistic in their approach. Educational initiatives must raise awareness of the risks and inculcate a culture of individual responsibility. The eventual creation of an information technology (IT)-aware society will ensure that new technology is enthusiastically embraced, not feared or distrusted.

The risks of the internet: the three C’s

Children and young persons are inquisitive by nature and readily adapt to new technology, thus they have enthusiastically embraced e-communication. Online, they face risks associated with the three C’s: content, contact and commerce.

Children face a proliferation of adult-based materials, including pornographic and violent imagery, websites promoting illegal drugs, hate speech and racism, abusive language amounting to bullying, harassment and intimidation and inappropriate chat-room conversations (Magid, 2003).

Contact by a paedophile or a bully is a perennial concern for young people. Universal internet access increases the likelihood of unwanted contact, dissemination of paedophiliac imagery and encouragement of children to take and send images of themselves or of other children (Carr, 2004). The anonymity and remoteness of the internet make it easy for paedophiles to pretend to be much younger in order to befriend and ultimately abuse a child.