Emma Sadleir, a social media legal expert, discussed the risks associated with the unintentional sharing of intimate images and videos with the media.
Social media influencer Gcinile Twala was the most popular name on Monday after her sex tape with her ex-fiance, Themba “Grootman” Selahle, was leaked.
Grootman is said to have released the video, which has gone popular on social media.
The popularity of revenge porn has come to light as a result of the former couple’s photos being leaked while having sex.
Retaliation porn is, by definition, the sharing of explicit photos or films of somebody without their permission.
The information could have been created without the subject’s knowledge or knowledge at the time, or it could have been created by a partner in an intimate relationship with their knowledge and agreement.
Following the leak of Gcinile and Grootman’s sex tape, social media law specialist Emma Sadleir draws attention to the risks associated with the non-consensual publication of private sexual images or films.
Criminal charges may result from new legislation.
“It is a very serious criminal offense in South Africa to distribute private sexual photos or videos without consent,” Sadleir said.
Co-author of the book Don’t Film Yourself Having Sex is Sadleir.
She and Tamsyn de Beer co-wrote a book in which they identify the legal entanglements and social traps that one may encounter when navigating the murky waters of the digital era.
Sadleir claims that traditionally, South Africans were forced to depend on the offense of crimen injuria. “When someone gravely violates your dignity as a result of published content, that is a generic crime,” she stated.
Nonetheless, two new laws that specifically criminalize revenge pornography and non-consensual distribution of image-based violence were passed a few years ago.
The Films and Publications Amendment Act is the first of these laws.
The social media law consultant stated, “It is a criminal offence if somebody shares a private sexual photo or video of you without your consent and you can be identified in the content or there is information which makes you identifiable.”
Sadleir claimed, “The sentence is up to four years in prison and the fine is up to R300 000.”
The other regulation falls under the cybercrimes act, a recently enacted statute that covers a wide range of offenses related to the internet.
This makes the unintentional sharing of private photos illegal. It’s a really serious offense. We have to keep in mind that each individual involved in the publication of illicit content bears responsibility for the particular post,” she stated.
Watch what you share or forward!
The film of Gcinile and Grootman has been posted numerous times on social media platforms, particularly X, much like the majority of leaked videos featuring individuals having sex.
However, Sadleir maintains that such content is seen as new every time someone clicks “forward” or “share.”
Each time you present it to an individual, it becomes a new publication. I implore everyone in possession of the aforementioned video to remove it and refrain from disseminating the content further, as these are grave criminal offenses. Every portion is a new criminal offense.
The “heinous act of revenge porn” in Gcinile’s case
Women For Change, a nonprofit organization, has come out in support of Gcinile and demanded that Grootman be taken into custody.
The sex tape that Themba Selahle, or “Grootman,” is said to have shared has horrified and infuriated Women For Change. The NPO said, “This horrible act of revenge porn is not just a flagrant invasion of privacy but also a profoundly traumatic event for Gcinile Twala.
The statement that was made public on Monday said, “We call on law enforcement, policymakers, and community leaders to take a stand against revenge porn and all forms of gender-based violence (GBVF).”
