Criminal Liability of Parents for the Offense of Emotional Neglect of Children Resulting from Social Media Addiction

Abstract

This study examines the legal challenges raised by parents’ addiction to social media and its impact on the child’s right to emotional care. The analysis is conducted in light of the Algerian Penal Code and Law No. 15-12 on Child Protection.
The article aims to frame the phenomenon of parents’ “digital mental absence” as a new form of emotional neglect. This approach goes beyond the traditional understanding of neglect, which usually focuses on material needs such as food, clothing, and housing.
The main research problem concerns whether the current punitive provisions can adequately cover the material element of this conduct. The issue becomes more complex because psychological harm is often intangible and difficult to prove.
Using a comparative analytical method, the study concludes that the Algerian legal system provides general protection for children in situations of danger, particularly under Article 11 of Law 15-12. However, it lacks precise procedural mechanisms to identify and regulate what may be described as parents’ digital neglect.
The study recommends strengthening the role of psychological and social expertise as an essential means of proof. It also suggests introducing digital behavioral rehabilitation among judicial protection measures in order to reduce the effects of this silent form of harm.