People need to be of their digital footprint all the time in this age of technology when the use of social media and other electronic forms of contact is quickly growing. Social media can make it easy for people to connect and share special moments, but the fact that anyone can be anonymous on the internet can make it a dangerous place for cybercrime.

It is not unusual for couples to have intimate internet relationships these days, particularly in light of the COVID-19 pandemic. Partners voluntarily sending graphic photos and videos via private chats is how this is typically accomplished. However, it is not advised to take these steps. This is because no matter how much a person trusts their spouse and or partner, there is never a 100% guarantee that their intimate, private photos won’t be shared with outside parties without their consent.

In an effort to be current and relevant, our legal system in South Africa has implemented regulations that both protect victims of cybercrimes and punish offenders accountable. The Film and Publication Amendment Act of 2019 defines “revenge porn” as the nonconsensual distribution of another person’s explicit content with the goal to degrade (psychologise) them or profit from it. This is illegal.

According to the Act, those found guilty of distributing revenge pornography could face harsh penalties. For instance, offenders could face fines of up to R150 000 and/or two years in prison if the victim in the content cannot be identified. If the victim can be identified in the content, however, the fine could reach R300 000 and/or four years in prison.

Additionally, the Protection of Personal Information Act of 2013 allows a victim to file a civil lawsuit against the responsible party in order to pursue non-patrimonial damages for emotional or psychological harm. A victim must take steps to protect themselves as much as feasible if they believe that the distribution of their private images/videos have violated their dignity and/or caused them to suffer any kind of bodily or emotional loss.

Lastly, in order to protect a victim from future harassment one could apply for a protection order under the Protection from Harassment Act of 2011 which was put in place to prevent further abuse.

It is imperative to schedule a consultation with an attorney as each matter has to be assessed on its own facts, our specialised attorneys are always ready to provide exceptional legal service.