“Revenge Porn” – What the Law says about it

 

Recent amendments to the Films and Publications Act signed into law by President Cyril Ramaphosa now sees to the criminalisation of the circulation and distribution of sexually explicit images or videos without an individual’s consent.

 

 

 

What exactly is “Revenge Porn”?

 

 

 

-The sharing or distribution of any naked, nude or sexually explicit material (including but not limited to video content and pictures) of another person without their permission or consent.

 

-The intention of the “distributer” would be to cause harm to, regrade or humiliate the victim.

 

-The circulation, sharing or distribution is used by the perpetrator as a means of exacting revenge on the victim.

 

 

 

What does the amendments to the Law mean for Victims?

 

 

 

*Victims may now lay criminal charges against anyone who circulates, distributes and shares this content on social media platforms such as WhatsApp, Facebook, Instagram and the like or via any electronic communication.

 

 

 

*Perpetrators found guilty of sharing or distributing revenge porn may be sentenced to serve jail time or may be fined.

 

 

 

* If the victim is unidentifiable in the content in question the perpetrator could either be sentenced to two years in prison and/or pay a fine of up to R150 000.

 

 

 

*If the victim is identifiable in the content in question, the perpetrator could either be sentenced to four years in prison and/or pay a fine up to R300 000.

 

 

 

If you have been a victim of this vile crime, give us a call to help you take back your dignity.

 

 

 

From the desk of PM Law Incorporated

 

031 464 0283

 

Info@pmlegal.co.za