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South Africa’s new “revenge porn” laws: Here’s what will land you in jail

A vile, disgusting act of retribution has finally been outlawed in South Africa. But what exactly is revenge porn, and how can it put you behind bars?

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Photo: Pixabay

President Cyril Ramaphosa signed several new bills into law this week, but it is the amendments made to the Films and Publications Bill that has got a few tongues wagging. As well as clamping down on hate speech and the sharing of child pornography, laws prohibiting the distribution of revenge porn have been ratified.

Although the idea seems great in principle, some commentators are worried that other aspects of the bill could lead to a rise in internet censorship. Nonetheless, Ramaphosa has stood firm, and the legislation will come down like a ton of bricks on some of society’s most nefarious offenders. Here’s what you need to know:

The definition: What exactly is revenge porn?

For those unfamiliar with the term, it refers to those who maliciously share naked, nude or sexually explicit photos of someone else without their permission. It can be distributed via social media, text messages, emails or even uploaded onto pornographic websites. The intention is usually to humiliate someone, or profit from intimate multimedia sent by an ex or a former partner – thus the term “revenge porn”.

Revenge porn: What you can now be jailed for in South Africa

The new laws take these offences extremely seriously. It marks a watershed moment in South Africa’s modern history, and those who actively try to denigrate someone by making their private life public could land themselves in a lot of trouble: Here’s what you can now be jailed for:

  • Knowingly distributing private sexual photographs or films without the prior consent of any individual featured.
  • Sharing these types of photos publicly with the intention to cause harm or distress.
  • Uploading private sexual photographs where the person can be clearly identified, or is named in any accompanying text.

Possible jail sentences and fines

If you’re found guilty of contravening this amended bill, you’re screwed. In every sense of the word. Basic offences come with a maximum jail sentence of two years, and a fine rising to R150 000. However, if you post revenge porn which identifies the victim, both the prison time (four years) and the financial penalty (R300 000) double-up.

Stepping away from revenge porn legislation, Cyril has been working hard this week, and he’s also rolled-out the Electronic Deeds Registration System Act  The e-DRS system will enable the processing, preparation and lodgement of deeds and documents by conveyancers and the Registrar of Deeds over the internet.

The system is expected to help the government to reduce the time it takes to process deeds and furnish registered deeds and documents. The system also aims to improve transparency and allow for greater accuracy of examination and registration – something we can all get on board with.