Pretoria – Zanele Sifuba, the Speaker of the Free State Legislature, is currently the talk of the town on Twitter after a sex video of her was leaked, apparently after she refused to pay a R300 000 extortion bribe to a man who blackmailed her.
The sex video has since been published on social media, but those who are sharing the video, could be criminally charged where they can face a fine of up to R300 000 or four years in prison.
According to South African law, the practice of revenge porn is forbidden, anyone found guilty of sharing or distributing revenge porn, can be sent to jail or pay a fine.
In a bid to fight cybercrime, President Cyril Ramaphosa signed the Cybercrimes Act (CCA) at the end of 2021.
The act allows police to seize your phone, iPad or laptop without a warrant. They can view your pictures and messages and if these are deemed “harmful”, you could face harsh consequences.
The law also allows victims to file criminal charges against someone, for instance, if they knowingly post obscene pictures or videos of you on social media or other internet platforms or upload them to pornographic websites.
If the victim cannot be identified in the content, the offender faces up to two years in prison and/or an R150 000 fine.
However, if the victim can be recognised in any manner, as is the case with Sifuba, the offender faces up to R300 000 in fines and/or four years in prison.
Speaking to IOL, Advocate Lwando Mufune warned social media users not be caught in the excitement of trends.
“Its very easy to be caught in the moment and be excited by trends without even realising that there might be legal implications involved.”
Mufune said social media users should be aware that even though they aren’t the source of the video or an explicit image, they are equally liable as the person who first leaked the content, if they repost it.
“People want to gain followers and be popular and most of the time, they do it without even knowing they are causing harm or getting themselves into trouble,” she said.
Stephen Osler, a cybercrime expert and co-founder and business development director at Nclose, said allowing police to seize phones or laptop without a warrant is a step in the right direction.
“However, I think this is something that could have been implemented a long time ago, but better to have it now than not have it at all. Anything that can better protect South Africans in the digital space is always needed,” said Osler.
IOL
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