Social media law expert Emma Sadleer spoke to The Citizen about the dangers of distributing intimate, sexual photos and videos without consent.
On Monday, social media influencer Gusinile Twala's name topped the trending list after her sex tape with her ex-fiancé Themba “Grootman” Serale was leaked.
The footage was allegedly leaked by Grootman and went viral on social media. The leak of a former couple having sex has put the spotlight on the prevalence of revenge porn.
By definition, revenge porn is the distribution of sexually explicit images or videos without an individual's consent.
This material may have been created by an intimate partner with the subject's knowledge and consent at the time. Alternatively, it may have been created without the subject's knowledge.
Citizen We spoke to social media law expert Emma Sadrill about the dangers of non-consensual distribution of private sexual photos and videos following the leak of Gusinir and Grootman's sex tape.
Also read: Women for Change defends Gusinile Twala after sex tape leaks
The new law could lead to crime indictment
“In South Africa, distributing private sexual photographs or videos without consent is a very serious crime,” Sadler warned.
Sadrill is a co-author of this book Don't film yourself having sex.
In the book she co-authored with Tamsin de Beer, they point out the social trappings and legal entanglements one can face when navigating the murky waters of the digital age.
According to Sadler, historically South Africans have had to resort to crime. criminal injury. “This is a common offense, where someone seriously violates your dignity through published content,” she said.
However, in the past few years, two new laws have been enacted that specifically criminalize revenge porn and the non-consensual distribution of images of violence.
The first of these laws is the Motion Pictures and Publications Amendment Act.
“If someone shares your private sexual photos or videos without your prior consent, and the content could identify you or contains information that could identify you, It’s a crime,” said the social media law consultant.
“The fine is up to R300,000 and the sentence is up to four years in prison,” Sadler asserted.
The other law is based on the Cybercrime Act, a new law that covers a range of crimes related to the online world.
“This will criminalize the distribution of intimate images without consent. It is a very serious crime. I want to make sure that all individuals who publish illegal content are held accountable for their particular posts. We have to remind everyone,” she said.
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Be careful what you forward or share
Like most leaked footage of people having sex, Gusineer and Grootman's video has been shared multiple times on social media platforms, especially X.
But Sadriel argues that every time a person presses “forward” or “share” on such content, it is considered a new publication.
“Every time we show it to someone, it becomes a fresh publication. These are very serious criminal matters and we urge everyone who owns the video in question to remove it and remove the content We strongly recommend that you do not share any more; each share is a new criminal offense.
Gusinir case: “A heinous act of revenge porn”
The nonprofit organization Women for Change defended Gusineer and called for Grootman's arrest.
“Women For Change is deeply appalled and outraged by the sex video allegedly leaked by Themba Serale, also known as 'Grootman.'' “This heinous act of revenge porn is not only a serious violation of privacy, but also a deeply traumatic experience for Gusinire Twala,” the nonprofit organization said in a statement.
“We call on law enforcement, policy makers and community leaders to take a stand against revenge porn and all forms of gender-based violence (GBVF),” the statement released Monday said.
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