Protection of children’s rights online: parental responsibility in relation to the social media use of children in Kenya

Abstract

The digital revolution has ushered in an era where technology profoundly shapes the lives of children from the earliest stages of their development. In the contemporary landscape, children grow up in an interconnected world where smartphones, tablets, and social media platforms are integral to their daily existence. This digital transformation has provided unprecedented opportunities for learning, socialisation, and creativity, but it has also introduced complex challenges related to privacy, security, and online exploitation. For instance, the digital transformation presents numerous legal and ethical challenges pertaining to the creation of social media profiles for children under 13 in Kenya by their parents. Situated within the context of child protection, enshrined in the Children Act, 2022, the study proposes to investigate the risks of privacy and data protection infringement and exploitation facing minors being deliberately exposed online by their own parents. Such risks are likely to include online sexual exploitation, monetary exploitation, exposure to predatory organised crime, abuse, as well as child labour. The methodology the research relies on is qualitative, and the primary sources include the Constitution of Kenya (2010) and statutes such as the Children Act, 2022, the Employment Act, 2007, the Data Protection Act, 2019, international statutes and judicial decisions. This research uses secondary sources, including journal articles and books. The theoretical frameworks the study shall use to analyse the problem are Erving Goffam's theory, Communication Privacy Management theory and the patriarchal theory of children as property. The three chosen theoretical frameworks offer complementary perspectives to help fully understand concerns around minors' online exposure by their parents. Erving Goffman's theory provides insights into the dramaturgical aspects of social interaction, shedding light on how individuals present themselves online and the potential implications for minors whose digital identities are curated by their parents. Communication Privacy Management theory helps in the comprehension the complexities of privacy dynamics within the family unit and how they are expressed in the digital world by investigating how individuals manage private information in interpersonal relationships. The patriarchal theory of children as property provides a critical perspective through which to investigate power dynamics within familial interactions, specifically how parental authority and control influence minors' digital exposure. The conclusion of this research is likely to be that the creation of social media accounts for children by their parents from a young age is ethically and legally hazardous for it infringes on the child’s rights and protection such as children’s right to privacy and data protection, and protection from monetary and sexual exploitation. This dissertation also suggests a proactive strategy involving education, awareness, and regulation to navigate the complexities of the digital landscape for minors in Kenya.