Revenge Porn in South Africa
Since 2020, revenge porn has been illegal in South Africa following the signing of the Films and Publications Amendment Act 11 of 2019 by President Cyril Ramaphosa. This legislation marks a significant step in protecting individuals from the non-consensual distribution of intimate images and videos.
What is revenge porn?
Revenge porn is a type of digital abuse in which nude or sexually explicit photos or videos are shared without the consent of those pictured. Revenge porn is closely related to sexual abuse, and it is illegal in South Africa.
An example of revenge porn is that a current or previous partner may share explicit images or sex tapes as “revenge” or threaten to distribute them as a type of blackmail.
Since 2020 revenge porn is illegal in South Africa, as President Cyril Ramaphosa signed the Films and Publications Amendment Act 11 of 2019 bill into law, which addresses hate speech, child pornography, and revenge porn. The bill states that “any person who knowingly distributes private sexual photographs and films in any medium including through the internet, without the prior consent of the individual or individuals and where the individual or individuals in the photographs or films is identified or identifiable in the said photographs and films, shall be guilty of an offence and liable upon conviction”.
Section 18F (1) of the Act, provides that no person may expose, through any medium, including the Internet and social media, a private sexual photograph or film if the disclosure is made without the consent of the individual or individuals who appear in the photograph or film; and with the intention of causing that individual harm and Section 24E of the Act provides that_(1) any person who knowingly distributes private sexual photographs and films in any medium including the internet and social media, without prior consent of the individual or individuals in the said sexual photographs and films with the intention to cause the said individual harm shall be guilty of an offence and liable upon conviction, to a fine not exceeding R150 000 or to imprisonment for a period not exceeding two years or to both a fine and such imprisonment. Where the individual is identified or identifiable in the photographs and films, this penalty increases to a ZAR 300 000 fine and/or imprisonment not exceeding four years.
What does this mean for victims of such crimes?
The Films and Publications Amendment Bill aims to protect individuals’ dignity and privacy, providing a legal framework to hold perpetrators accountable when such crimes occur. The penalty for this offence may include a fine up to R300 000, imprisonment for up to four years, or both a fine and imprisonment.
For victims, this law offers essential protection, and it acknowledges the profound emotional and psychological harm caused by revenge porn and affirms the right to privacy and dignity. Victims now have legal recourse to seek redress and ensure that perpetrators are punished, which can be an important step during the healing journey.
What should I do if I am a victim of revenge porn?
If you or someone you know is a victim, taking immediate steps and accessing support services is important. Here are some steps that can be taken:
Collect Evidence: Save screenshots/copies of the images or videos where they have been shared, as well as any messages or communications related to the incident. This evidence is crucial for building your case.
Report to the Police: Go to ANY police station to file a report. Provide the evidence you have collected and give a detailed account of the incident. Police need to take your complaint seriously and register a case under the relevant sections of the law (Films and Publications Amendment Act 11 of 2019).
Seek Legal Assistance: If the police do not want to open a case, consider getting advice from an attorney or lawyer. If you cannot afford legal advice, GBV organisations such as Women’s Legal Centre, Kwanele, Lawyers Against Abuse and Mosaic offer free legal advice for survivors of GBVF. They can advise you on the legal process and provide valuable resources and support.
Contact the Film and Publication Board (FPB): The FPB is responsible for regulating and enforcing the Films and Publications Amendment Bill. You can report the incident to them as well, providing any relevant evidence. They can offer further assistance and take action against the distribution platforms. Contact them here.
To every victim reading this; Remember you are not alone. We believe you and revenge porn is a serious crime.
Click on one of the organisations below to arrange a legal counselling session:
Women’s Legal Centre – Call: 021 424 5660
Lawyers Against Abuse – Email: info@lva.org.za
Kwanele – WhatsApp: 072 737 8819