South Africa has no national law restricting social media access for children under 16, even as a growing number of countries move decisively in that direction. Basic Education Minister Siviwe Gwarube has now weighed in on the question of whether schools should be allowed to limit learners' access to platforms like TikTok, Instagram and X during school hours, saying the matter raises policy questions the country cannot afford to ignore.
The debate reached the Constitutional Court in Braamfontein on Sunday, where four schools competed in the Grand Finale of the 15th Annual South African National Schools Moot Court Programme. Teams from Ndabankulu Senior Secondary and Umtata High in the Eastern Cape, Tygerberg High in the Western Cape, and Klaas Mothapo Secondary in Limpopo argued before judges drawn from the Constitutional Court, the Supreme Court of Appeal and the High Court on whether school policies restricting learners of a certain age from accessing social media during school hours are constitutionally sound. For families wary of monitoring and data exposure on school networks, some have turned to tools such as a paid vpn to shield personal browsing from third-party tracking, a reminder that the privacy stakes extend well beyond the classroom gate.
A global shift toward restriction
South Africa's lack of a formal under-16 social media ban now places it at odds with an accelerating international trend. Australia became the first country to enforce such a ban in December 2025, and Malaysia, Indonesia and Greece have since introduced their own versions. These measures typically require platforms to verify user age and bar younger users outright, rather than leaving enforcement to schools or parents. The approach reflects mounting concern among lawmakers abroad about the mental health and developmental effects of unrestricted platform access among minors, though the design and enforcement mechanisms differ sharply from country to country.
Constitutional tensions at the heart of the moot
The moot court exercise is not merely academic. It forces learners to grapple with a genuine constitutional tension between a school's duty to maintain order and protect young people, and a learner's rights to access information, express themselves, and enjoy privacy under the Bill of Rights. Arguments on both sides draw on real constitutional provisions, meaning the scenario mirrors the kind of case that could plausibly reach South African courts if Parliament or the Department of Basic Education were to legislate formal restrictions. Justice and Constitutional Development Minister Mamoloko Kubayi has separately acknowledged that regulating social media use is a conversation worth having at a national level, signalling that government interest extends beyond the classroom setting into broader questions of platform accountability and child protection online.
What comes next
Gwarube's comments suggest the department is watching the issue closely without committing to a specific regulatory path. Any future policy would need to balance safeguarding children from the documented risks of unsupervised social media use, including exposure to harmful content and excessive screen time, against constitutional protections around expression and access to information. Given how other jurisdictions have structured their bans, South African policymakers will likely study age-verification mechanisms, enforcement responsibility, and exceptions for educational use before any legislation takes shape.