226 Recovering Education: Using the Experiences and Learning Acquired to Build New and Better Education Systems
BCES Conference Books, 2023, Volume 21. Sofia: Bulgarian Comparative Education Society
ISSN 2534-8426 (online), ISSN 1314-4693 (print)
ISBN 978-619-7326-13-0 (online), ISBN 978-619-7326-14-7 (print)
Marius Smit
Social Media in Schools – A Comparative Legal and
Educational Perspective
Abstract
The comparative research paper explores the use and risks of social media in South African,
USA and European schools. It discusses the potential challenges that schools, educators and
learners may face such as cyberbullying, sexting, identity theft, fraud, catphishing, cybercrimes,
excessive online presence, and addiction to social media. The paper reports on the findings of a
phenomenological study and purposive survey among school principals and educators in South
African schools. The paper highlights the advantages of applying social media in the classroom,
and provides recommendations for schools, educators, parents and principals to manage the use
of social media in the education environment.
Keywords: social media, education law, freedom of expression, right to privacy, student
misconduct, school policies, cyber law
Introduction
One of the effects of the internet and advances in smartphone technology is the
pervasive use of social media in modern society. The speed and immense capabilities
by which text, images, videos and audio information is shared on social media has
obvious pedagogical advantages. However, children are among the most active users of
social media, and while it has benefits, it also has risks and challenges that pose threats
to their well-being. Workplaces and educational institutions must adapt and regulate
the appropriate use of social media to prevent harmful or disruptive application of
social media.
Incidents of cyberbullying, defamation, hate speech and fraud with social media
have serious deleterious repercussions in the school environment (Russo, Osborne &
Arndt, 2011, pp. 427-430). News events, court cases and academic literature in the
United States of America, Canada and European countries confirm that inappropriate
communication by means of social media can give rise to legal liability of teachers,
learners, and other role players in education (Ireton & Posetti, 2018, p. 55).
In this paper, we will explore the uses and abuses of social media by school-going
children in the USA, European countries, and South Africa, regarding the risks and
challenges. This paper reports on research conducted at South African schools about
the management of social media. The aim of this paper is to compare the legal,
pedagogical, and managerial measures to deal with social media at schools in South
Africa and other countries.
Copyright © 2023 by Bulgarian Comparative Education Society (BCES). All rights of reproduction in any form reserved.
See on pages 298-300 how to cite the papers published in this volume.
Social Media in Schools – A Comparative Legal and Educational Perspective 227
Defining social media
Social media is electronic digital communication by means of web-based
technology and mobile applications that allow individuals and organisations to create,
engage and share new or existing user-generated content in digital environments, in a
multi-directional communication. Electronic digital communication includes text
messages, audio communication, photos, images, videos, and other forms of visual
communication as well as coding and programming of software related to social media.
Social media platforms enable individuals and organizations create profiles to exchange
information about various activities and interests. Examples of social media platforms
on the internet and mobile applications include Facebook, Twitter, YouTube,
WhatsApp, Instagram, TikTok, ‘blogs’ and emails.
Pedagogical advantages of applying social media in the classroom
Social media can be an effective tool for teachers to engage students in meaningful
discussions, collaborative projects, and real-time feedback. Social media can also
provide an alternative to traditional teaching methods, allowing for a more dynamic
and interactive learning experience. Social media enables communication with friends
and family, sharing of information, and accessing educational resources. Moreover,
social media platforms can offer students an opportunity to connect with peers from
around the world, creating an authentic global learning experience. Social media can
also be used to develop social and technical skills, and to teach digital citizenship
skills, such as online safety, cyber etiquette, and responsible social media usage,
preparing students for the digital world they will inevitably encounter.
Risks of social media for school-going children in the USA
Schools face major challenges to ensure that the physical and digital spaces in
which learning takes place are secure and that distractions and disruptions to their
educational mission are minimized (Ballard, 2020, p. 468). Cyberbullying is a growing
concern among school-going children, and social media platforms provide a platform
for this behavior. According to Patchin and Hiduja (2012, pp. 13-36) the Cyberbullying
Research Center in the USA found that approximately 34% of students had
experienced cyberbullying.
Sexting is the practice of sending or receiving sexually explicit messages or
images, and it poses a significant risk to school-going children. According to a study
conducted by the National Campaign to Prevent Teen and Unplanned Pregnancy
(2008) in the USA, 22% of teenage girls and 18% of teenage boys of the survey had
sent or received a sexually explicit images.
Identity theft and fraud is another significant risk associated with social media use
among school-going children. According to a report by Pascual and Marchini (2018),
approximately 1 million children in the USA had their identities stolen in 2017.
Catphishing is the act of creating a fake social media profile to deceive others.
School-going children are especially vulnerable to this type of fraud, and it can lead to
emotional and financial harm. Catphishing was the top scam reported by students in
2020. Excessive social media use can lead to various negative effects, including sleep
deprivation, reduced physical activity, and impaired academic performance. According
to a study conducted by Miller (2020), 50% of teens feel addicted to their mobile
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228 Marius Smit
devices. The fear of missing out (FOMO) is another growing concern among school-
going children, and it can lead to anxiety, depression, and other negative effects.
According to this study, 42% of teens feel that they have to respond immediately to
social media notifications. Cybercrime is a growing concern, and social media
platforms provide a platform for various criminal activities. According to a report by
the FBI, cybercrime losses in the USA totaled approximately $4.2 billion in 2020.
Uses and abuses of social media by school-going children in European
countries
Social media use is widespread among school-going children in European
countries. According to Smahel et al. (2020, p. 23) 77% of 9 to 16-year-olds in Europe
use social networking sites. According to the same study, 19% of European children
have experienced cyberbullying, and 12% of them have encountered negative
experiences in social media. Social media is also one of the primary sources of sexting
among teenagers, with more than 8% of European teenagers admitting to sending
sexually explicit texts, images, or videos online. Over 30% of European teenagers
experience cyberbullying or harassment on social media platforms. Teenagers who
spend more time on social media tend to have lower self-esteem, increased levels of
anxiety and depression, and an increased likelihood of developing problematic
behaviors such as addiction and compulsive usage of social media. Excessive online
presence, addiction to social media, and the fear of missing out are also issues that
plague social media users, including children in European countries. According to Lad
(2017), excessive exposure to social media reduces learning, and uncontrolled exposure
to social networks and low quality social media sources leads to poorer academic
performance.
Federal law regulating social media in the USA and Canada
While all 50 of the United States have some form of anti-bullying legislation, only
17 states had laws in 2016 that criminalises cyberbullying (Patchin & Hinduja, 2016).
The federal government of the USA enacted a federal law, i.e., the Megan Meir
Cyberbullying Prevention Act. Ballard (2018) found that in the USA there is a lack of
clear direction from the courts, an absence of meaningful social scientific data, and
limited legislation about cell phones at schools which leaves schools and school leaders
in a difficult position of enacting and enforcing policy relying on information that is
ambiguous and open to mixed interpretation.
The Canadian federal government enacted the Canadian Protecting Children from
Internet Predators Act, and the Canadian Federal Government’s Protecting Canadians
from Online Crime Act, to address cyberbulling and analogous misuse of social media
and the cyber space. Cartwright (2017, p. 23) is of the opinion that these statutes were
ineffective to keep pace with the novel developments and harmful effects of misuse of
the internet and social media.
Legislation regulating social media and electronic communication in South
Africa
In South Africa there was a time lapse of more than a decade between the initial
development and availability of social media technology, and the eventual statutory
Recovering Education: Using the Experiences and Learning Acquired to Build New and Better Education Systems
Social Media in Schools – A Comparative Legal and Educational Perspective 229
regulation thereof. Currently, legislation in South Africa includes the Cybercrimes Act
(SA, 2021), the Protection of Personal Information Act (POPI Act) (SA, 2013), and the
Electronic Communications and Transactions Act (SA, 2002).
The fundamental rights of freedom of expression, the right to privacy, right to
human dignity, right to personal security, as set out in the Constitution of South Africa
(SA, 1996) are interrelated and relevant to the proper use of social media in schools. A
tension exists between social media users’ rights to freedom of express and another
person’s right to privacy and human dignity. The right to freedom of expression is
limited (not absolute) in terms of section 16(2) of the Constitution and common law
principles that prohibit slander, defamation and hate speech. However, in view of word
count restrictions it is beyond the scope of to elaborate on this. Section 2 of the
Children’s Act (SA, 2008) confirms that the best interest of a child is the decisive
criterion to be considered before posting anything on social media that might affect
children.
The POPI Act requires of schools to deal responsibly with the processing of
personal information. This Act prescribes eight minimum threshold requirements that
must be met to ensure the lawful processing of personal information relating to the data
subjects. Schools are allowed to collect only the minimum personal information
required for a specific and legitimate purpose. The consent of the person concerned is
necessary to ensure that the processing of personal information is legitimate. Educators
must be very careful with the photos and information they post on social media.
Educators or schools therefore cannot disclose any personal information of learners or
post it on social media unless the parents have given express permission. Imprisonment
or a stiff fine to a maximum of R10 million can be imposed (SA, 2013, section 107).
Educators’ and learners’ private cell phones are private, and they are not obliged to
make their personal numbers public.
Chapter 2 of the Cybercrimes Act (SA, 2021) declares the following as
cybercrimes: unlawful access to hardware, software (programs and information),
unlawful interception of data, unlawful interference with data or computer program, or
computer data storage medium or computer systems, unlawful acquisition, possession,
provision, receipt or use of password, access code or similar data or device, cyber
fraud, cyber forgery, cyber extortion, aggravated offences, and theft of incorporeal
property. The Cybercrimes Act inter alia sets out the powers to investigate, search,
access or seize, and establishes new procedures which specifically cater for the
investigation and multinational law enforcement agencies and fostering multi-agency
collaboration.
These statutes regulate the risks and unlawful conduct associated with abuse of the
internet, information technological systems and social media. As a result, it has become
even more essential for school leaders, educators, parents, and school-going learners to
be well-informed and educated with regard to the legal principles that apply to social
media in schools and the education realm.
A phenomenological study of social media at purposely selected schools in
South Africa
A phenomenological study was undertaken by obtaining data at purposive sample
of six secondary schools and four primary schools in the Limpopo and Gauteng
provinces in South Africa. Creswell (2014, p. 76) describes phenomenological studies
as qualitative research about the experiences of the participants’ experiences,
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230 Marius Smit
perceptions, and observations of issues, and their perspectives, and opinions which are
obtained by means of interviews. The research design entailed that schools with
purported experience in managing the use of social media were identified by means of
preliminary enquiries. Ethical clearance was obtained from the North-West University
to conduct semi-structured interviews with the participants which included school
principals, educators, school marketers and officers that were responsible for managing
the school’s information technology and social media. With the written permission of
the school or educational authorities and the written consent of the participants the
interviews were audio recorded and then transcribed. Only adults participated and all
interviewees were given the assurance of strict confidentiality their identity. After
transcribing the recordings, the text was checked by each respective participant for
correctness, and on confirmation of its correctness the data was analysed by way of
open coding, axial coding, and selective coding processes.
Data analysis and findings
The use of social media in schools and the workplace is currently still going
through a process of development and refining policies, adapting social conventions
(good manners, etiquette, customs) and the introduction of additional legislation.
Although certain computer and mobile applications, colloquially known as ‘Apps’, are
already available to enable users to manage and monitor social media availability
going, the regulation of online service providers, censorship of illegal communications,
control over the accessibility of pornography and other controversial or harmful sites
and the prosecution of cybercrimes are not yet part of the general modus operandi of
members of the public. The enforcement of statutory provisions and societal measures
is still largely practiced by experts in the field of information technology and
cybercrime.
The data from this study showed that there are beneficial as well as detrimental
aspects regarding social media in education. There is a relationship between the proper
management of social media and the optimal utilisation of thereof at schools. The
management measures that bore fruit and expanded the benefits of social media
included drafting and instituting written, tailormade cell phone and social media
policies for each respective school, proper communication by the principal, adequate
training for educators about statutory and policy provisions, sufficient knowledge about
the application of social media, and encouragement of learners and parents to use social
media responsibly.
On the other hand, the data confirmed that in schools where there were no written
school policies about cell phones and social media, where principals did not inform,
train, communicate and monitor the statutory and policy provisions, where educators,
learners and parents did not receive training or have sufficient knowledge about
appropriate use of social media, and where parents were not encouraged to make use of
parental control mechanisms and measures, more harmful or disadvantageous social
media incidents occurred than schools who had taken the preventative or pro-active
managerial measures.
However, in general the participants had no or superficial knowledge of the
statutory provisions and legal principles that regulate social media and cybercrime.
Parents and educators are by and large ignorant of the parental control features that are
available for internet platforms and cell phones. Most of the participants were unaware
of parental control features or cell phone applications such as Bark, Kaspersky, FYI
Recovering Education: Using the Experiences and Learning Acquired to Build New and Better Education Systems
Social Media in Schools – A Comparative Legal and Educational Perspective 231
Play it Safe, Sonic Wall, Kahoot, Prodigy, Khan Academy, Vivi that can limit, control
and monitor misuse of the internet or social media. For instance, the app known as
‘Bark’ enables a parent (or school) to block certain applications or websites when
setting up the smartphone, schedule the time during which the smartphone may be
used, place web filters on the phone, which are protected by passwords that are only
known to the parents, and set alarms (‘flag’) by sending an SMS to the parent if certain
search words or text appear on the learner's phone. The Bark app also has a time
scheduling function that can be set to prevent the child from visiting the Internet during
school hours and or after bedtime. Another valuable function of Bark is that the parent
automatically receives an SMS or text message when a child uses certain words or text
(such as crude language, words with sexual content, swear words, or even words that
indicate emotional conditions such as depression, suicidal thoughts or victims of
cyberbullying) used or received. It then notifies the parent without the child’s mobile
phone having to be searched. The parent can then ask the child or learner about certain
messages that cause concern. This protects the child’s privacy, but also offers the
parent a mechanism to monitor the use of the smartphone remotely or unseen.
The age limit prescriptions (i.e., minimum 13 years old to subscribe) of social
media platforms such as Facebook, Instagram and Twitter are intended to protect
children against the risks of social media. Most schools or media officers were unaware
that the settings of the Wi-Fi senders (‘router’) can be controlled or managed to limit
the time of availability, prevent access to certain specified websites and platforms and
limit the data usage if necessary.
Poor or ineffective management practices at schools contributed to the prevalence
of negative conduct and incidents of abuse of social media. Incidents of misuse of
social media, including cyberbullying, sexting, identity theft and fraud, catphishing,
cybercrimes, excessive online presence by learners, addiction to social media, and fear
of missing out, were reported by all the participants.
Conclusions and recommendations
Schools should draft written cell phone and social media policies and should
update these policies annually to keep up with statutory requirements. School principal
should be responsible for the planning of school policies and training opportunities, for
communicating staff responsibilities and safety measures, for providing guidance and
motivation and to supervise, monitor and implement the social media policies.
Educators should be trained to understand the mutual relationship between freedom
of expression and the right to privacy, as well as the unlawfulness of defamation, the
unlawfulness of cyberbullying through social media, and the prohibition of illegal
social media activities.
It is crucial to educate children on the potential risks and challenges associated
with social media use and teach them responsible social media usage.
Parents should be required to give written acknowledgement of receipt of the
school's cell phone and social media policies. Parents should be informed and
supported to educate their children regarding the correct use of social media and
encouraged to make use of parental control measures such age limits, internet settings
and cell phone applications to monitor their children’s use of social media.
To address the risks and challenges associated with social media use among
school-going children, we recommend that parents, educators, and schools should take
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232 Marius Smit
concerted steps to manage the use and application of social media in the education
environment carefully.
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Prof. Dr. Marius Smit, North-West University, South Africa
Recovering Education: Using the Experiences and Learning Acquired to Build New and Better Education Systems
