Photo: Unsplash
Photo: Unsplash
The Cybercrimes Bill is just one swish of a presidential pen away from becoming law. Approved by Parliament last week, this new legislation will clamp-down hard on those who use the internet for criminal purposes. And when Cyril Ramaphosa officially signs this legislation into existence, he’ll bring in a set of protections against revenge porn and ‘illicit messages’.
The Bill specifically addresses the sending of intimate images over any electronic communications platform without the subject’s consent, classifying this offence as revenge porn. The term has sprung up in the past few years, as victims who share their most personal and private images with partners or friends have had their trust shattered in devastating fashion.
The ‘leaking’ of these nudes online exposes a person to harrasment, ridicule and a gross violation of their rights to privacy. The Cybercrime Bill looks at these messages, shared without consent, and aims to punish those who distribute the intimate images at the expense of the subject’s mental well-being.
The following digital messages will now be classed as a revenge porn offence:
(The term ‘digital messages’ applies to ANY electronic communication: Intimate images shared without permission of the subject via SMS, WhatsApp, social media, email or any other format will constitute a criminal offence)
Sarah Hoffman is a lawyer who specialises in digital crimes. She told CapeTalk on Monday that the new laws will allow victims of revenge porn to get a court order, which would criminalise the further distribution of offending images. However, Hoffman acknowledges that once a racy multimedia file is out there, it is difficult to contain its spread.
“It’s great that revenge porn is being criminalised. This new act allows a victim to apply to court for a protection order, which would legally prevent further distribution of any intimate images. It’s always very difficult to contain the sensitive nature of these images once they’ve been distributed. The consequences are properly dire.”
Sarah Hoffman
World Wide Worx CEO Arthur Goldstuck, meanwhile, has praised the bill for being highly inclusive.
“The protections in place now extend to the transgender, intersex, and non-binary community. It’s actually quite a visionary bill. This could not have happened any quicker, more South Africans than ever before have access to the internet – which means more people could seek to create ‘revenge porn’. The laws also outlaw the photoshopping of intimate images.”
Arthur Goldstuck