'Revenge porn' law clamps down on non-consensual distribution of sexual content

President Cyril Ramaphosa has signed the Films and Publications Bill into law.

The bill clamps down on hate speech and the sharing of child pornography and laws prohibiting the distribution of revenge porn have been ratified.

RELATED: You can get fined up to R300,000 for 'revenge porn'

Eusebius McKaiser chats to social media law expert Emma Sadleir to weigh in on the law.

We call it revenge pornography, but I far prefer the term image-based violence because that is actually what we are dealing with.

Emma Sadleir, Social media law specialist

The act criminalises any non-consensual distribution of private sexual content and it has received criticism because it was badly drafted, she adds.

If I upload a cat video to Facebook, I should be sending it to the Films and Publication Board for prior classification.

Emma Sadleir, Social media law specialist

Sadlier says if someone is found guilty for revenge porn that person would be guilty of a specific criminal offence.

If you can identify the person in the content then the fine is R300,000 and or four-year term imprisonment. If you can't identify who is in the content, then that sanction is slightly less at R150,000 and or two-years in prison.

Emma Sadleir, Social media law specialist

She says for a person to sue another for revenge porn, they need to show that the person in that content didn't give consent.

So if I take a naked picture and I send it to you, it needs to be shown that I didn't give consent for that to be published.

Emma Sadleir, Social media law specialist

In addition to that, you need to show that it was distributed with the intention of causing that person harm.

Emma Sadleir, Social media law specialist

Listen below to the full conversation:


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