Why new 'revenge porn' laws don't go far enough to protecting victims

A new law that seeks to clamp down on revenge porn and the distribution of child pornography is not without its flaws.

That's according to one of the country's leading media law experts.

On Wednesday, Emma Sadlier joined John Maytham to unpack the key provisions of the Films and Publications Amendment Act 11 of 2019.

Sadlier began by explaining how previously those who were victims of "revenge porn" would have been able to seek redress under criminal law.

I would have said go and lay a criminal charge of crimen injuria, which is a very general crime, it's when someone seriously infringes your dignity and you could sue for damages.

Emma Sadleir, Media law consultant

Section 18 of the bill explains what needs to be proven in order for someone to found guilty under the new legislation.

The content has to be exposed, through any medium (internet or social media), but then it says it has to be a private, sexual photograph.

Emma Sadleir, Media law consultant

Sadlier says that in this instance the, definitions of "private" and "sexual" are problematic.

I'm also worried about the requirement that you have to show an intention to cause that individual harm.

I think when we're dealing with this kind of content the standard should be negligence.

Emma Sadleir, Media law consultant

Listen to the full interview below:


This article first appeared on CapeTalk : Why new 'revenge porn' laws don't go far enough to protecting victims


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