Added: Roshawnda Kiesel - Date: 01.03.2022 14:53 - Views: 25959 - Clicks: 6791
Unfortunately, far too many unkind and insensitive individuals in society today spread private and sexually explicit videos or images of their former partners or lovers to the public and other individuals with the aim of punishing or humiliating them. This is a form of cyberbullying and with the negative stigma attached, victims rarely speak out about it. This leaves them feeling helpless and exposed and, in many cases, causes them to leave their school or job.
However, with recent changes to our law, this no longer needs to be the case. In recent years, many countries have introduced laws combating the phenomenon commonly known as revenge porn. The photograph or video can be distributed viapornographic websites, text message or any social media platform. With the advent of smart phone technology and the digital era we live in, this can occur rapidly with just a click of a button. Revenge porn is pertinent in South Africa with females being the main victims. Victims are often left with mental health issues and suicidal tendencies after personal, sexual content of themselves are posted for the public to see.
Although revenge porn is typically distributed by an ex-partner, this is not always the case. The video was initially shared on Pornhub, a pornography website, by a user with a false name and had more than sixty five thousand views. There are south african nudes instances, such as the above, where individuals are blackmailed and have to pay over large amounts of money as a result.
There are also many instances where cell phones are hacked or stolen and the sexual content of those devices ed on to the internet. In fact, it is almost impossible to permanently remove such content nowadays with the internet cloud servers available. As ofdistributing revenge porn of your former partner can land you in trouble with the law.
Interestingly, the penalties differ based on whether or not the person in the image or video is identifiable and you can tell who they are. Section 24E 1 of the Act provides that any person who knowingly distributes private sexual photographs and films, on any medium, without the prior consent of the individual, and with the intention to cause the individual harmshall south african nudes guilty of an offence and liable to a fine not exceeding R This means that a perpetrator can face both jail time as well as a fine. Section 24E 2 provides that if the person is identified or identifiable in the said photograph or film the perpetrator shall be guilty of an offence and liable to a fine not exceeding R Essentially, the possible jail time and financial penalty double when the person in the revenge porn is recognisable.
Very often, such as in the case of Gigaba, one does not know who was responsible for publishing the sexual, private content of themselves. What then?
Luckily, this does not mean that the victim is stripped of legal recourse. The Act thus recognises that anonymity is problematic in situations such as these and puts measures in place to address such.
Scholars have criticised the wording of the South african nudes. By sharing it with someone else, that victim arguably intends for others to see the image or video. In this regard, an accused could very easily argue before a court of law that they had other intentions when distributing and posting the image or video and bypass the legislation. With that being said, no one can be certain as to how the Act will operate in practice and its effectiveness thereof.
In terms of the Cyber Bill, offenders can face a period of imprisonment not exceeding three years upon conviction. Due to the fact revenge porn has already been dealt with by the Act, critics find Clause 18 of the Cyber Bill redundant. However, others believe that the Act should not cover this crime at all and that once in effect, the Cyber Bill will be the primary source of legislation within which this crime will be dealt. Apart from the Act and the impending Cyber Bill, victims have legal recourse in other areas of the law.
One option comprises a victim of revenge porn suing a perpetrator for civil damages as it constitutes defamation of character. In conclusion, the amendments to our law and imminent passing of the Cyber Bill are positive steps in bringing justice to revenge porn victims as perpetrators now stand to face jail time and hefty fines. The current and proposed legislation will hopefully enable the proper and effective investigation and prosecution of such crimes. However, one can only hope that the Act will be a deterrent for future perpetrators who attempt to abuse, humiliate and intimate their partners through revenge porn.
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Apologies for any inconvenience caused. Written by Megan Brook, Candidate Attorney and Justin Sloane, Partner Introduction Unfortunately, far too many unkind and insensitive individuals in society today spread private and sexually explicit videos or images of their former partners or lovers to the public and other south african nudes with the aim of punishing or humiliating them. What is revenge pornography? What are the legal penalties? Unknown distributor Very often, such as in the case of Gigaba, one does not know who was responsible for publishing the sexual, private content of themselves.
Criticism Scholars have criticised the wording of the Act. Other remedies Apart from the Act and the impending Cyber Bill, victims have legal recourse in other areas of the law. Conclusion In conclusion, the amendments to our law and imminent passing of the Cyber Bill are positive steps in bringing justice to revenge porn victims as perpetrators now stand to face jail time and hefty fines. Download PDF Article. Share Article:.
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