Couples in a relationship who are not living together find themselves becoming creative to keep the romance alive. This might lead to phone sex, nude pictures and videos being exchanged between them. You might ask yourself what will happen if your partner blackmails or shares these contents. Many women find themselves victims of blackmail and may be threatened with having their private pictures and videos shared online by unscrupulous partners.
This phenomenon is called “revenge porn”, and it is illegal in South Africa. Revenge porn or “non-consensual pornography” is defined by the Film and Publication Bill of 2015 as the sharing or distribution of any nude or sexually explicit material without permission or consent with the express purpose of humiliating the victim or making a profit. Contents can be shared via text messages, emails, Facebook, Instagram, Twitter, TikTok, pornographic websites and so forth.
More than 90% of victims of revenge porn suffer severe emotional stress. The Protection of Personal Information Act 4 of 2013 (POPI) affords victims of revenge pornography the relief to institute a civil claim for damages against a perpetrator. Section 99(1) of POPI specifically allows a victim the right to claim non-patrimonial damages against the responsible party.
A victim may also lay criminal charges against a perpetrator. The accused can be charged with the intentional distribution of private sexual photographs or films without the prior consent of the individual, and distributing the sexual photos and movies to cause harm and emotional distress to the victim. If the perpetrator is convicted of any of these charges, they can be sentenced to a maximum term of two years or a fine of up to R150,000.00. If the victim is identified by being named or the footage is not blurred, this sentence can increase to a maximum of four years in prison or a fine of up to R 300,000.00
If you are a victim of revenge porn and would like to institute a claim for non-patrimonial damages and/or need assistance to bring the perpetrator to justice, please do not hesitate to approach us to ensure your dignity is protected.
Reclaim Your Peace of Mind
Don’t let the fear of revenge porn control your life. If you’ve been a victim of this illegal and devastating act, you have rights and legal recourse in South Africa. The law is on your side, and you don’t have to face this alone. Contact us today to protect your dignity and seek justice. We’re here to help you navigate the legal process, whether it’s pursuing a civil claim for damages or laying criminal charges against the perpetrator. Your privacy matters, and we’re committed to ensuring your peace of mind is restored.
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