Section 53 of the Lukautim Pikinini Act 2015 regulates the display of children.
“Exposure” or “exhibition” means to cause, organise or arrange for children to —
- parade;
- model;
- participate in fashion or other shows, exhibitions, beauty contests; or
- otherwise be presented to the public or in private settings,
for monetary gain or not.
“For monetary gain or not.” The absence of payment is no answer. A charity show or a community event falls within the definition as much as a commercial one.
“Or in private settings.” The provision is not confined to public display. Presenting children to a private audience is expressly covered — which is where the risk of exploitation is often greatest.
Sections 53(2) and (3) — the Director’s approval
A caregiver licensed under Part IX of this Act shall apply and obtain the prior written approval of the Director before presenting or otherwise exposing or exhibiting a child to the public.
The Director may refuse to approve an application if, in the Director’s opinion, the proposed exposure or exhibition is exploitive of the child or is not in the best interests of the child.
Section 53(2) is directed at a caregiver licensed under Part IX — that is, a person providing an out-of-home care service, or employed by one, as defined in section 2. It is a condition on those who have other people’s children in their care.
The reason is obvious. A licensed caregiver has custody of children whose parents are absent, and could otherwise put them on display without anyone’s knowledge or consent.
The offence in subsection (4) is correspondingly limited: it is committed by a caregiver who acts in contravention of subsection (2).
Section 53(4)
A caregiver who engages, causes or otherwise arranges for a child to be exposed or exhibited in contravention of subsection (2) is guilty of an offence.
Penalty: a fine not exceeding K2,000.00 or imprisonment for a term not exceeding 12 months, or both.
| Step | Requirement |
|---|---|
| 1 | The activity falls within the s 53(1) definition — paid or unpaid, public or private |
| 2 | A licensed caregiver must apply for and obtain prior written approval of the Director |
| 3 | The Director may refuse if the activity is exploitive or not in the child’s best interests |
| 4 | Proceeding without approval is an offence — K2,000 or 12 months, or both |
Exposure as a protection ground
A child in need of protection includes one who has been consistently subjected to exposure or exhibition that is harmful to the child’s physical or psychological well-being.
Note the two additional requirements in paragraph (g) that section 53 does not impose:
- “Consistently” — a pattern, not a single occasion;
- “Harmful to the child’s physical or psychological well-being” — actual harm to the child, not merely absence of approval.
And paragraph (g) is not confined to caregivers. A parent who consistently exhibits a child harmfully brings the child within the definition, even though no offence under section 53 is committed.
The concerns behind the section
Exploitation for gain. Children may be used to earn money for adults — the same concern as child labour under section 54, and connected to section 82 on the sale of children.
Sexualisation. Beauty contests and modelling can present children in ways that attract the wrong attention, and the reference to private settings suggests the drafters had that firmly in mind.
Loss of privacy and identity. Constitution section 49 confers a right to privacy, and section 5(1)(m) requires account to be taken of the child’s culture, ability, language and religion.
Dignity. The definition of child labour in section 2 refers to work depriving a child of his childhood, his potential and his dignity. Section 53 addresses the same idea in a different setting.
Where a child is displayed online, the Cybercrime Code Act 2016 may also apply — see how children are protected online. And the child’s own view matters: section 5(1)(l) requires a child able to form views on a matter concerning his welfare to be given the opportunity to express them, with due weight given to them.
Sources
- Lukautim Pikinini Act 2015 — ss 2, 5, 53, 54, 63–76, 82
- Constitution — s 49
- Cybercrime Code Act 2016
Before relying on anything here, read the current text of the Marriage Act (Chapter 280) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.