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Family and Divorce law in South Africa - A Comprehensive Guide
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Revenge Porn a form of Abuse


Revenge Porn
The heightened use of Information and Communication Technology in the last ten years has added to the increase of a new form of Gender-Based Violence. Due to the increasing use of technology and the internet, women are a lot more vulnerable than ever to abuse and violence. Women experience a number of forms of technology-related violence such as non-consensual intimate images typically known as “revenge pornography”, doxxing, extortion, bullying, stalking, and sexual harassment. Hell hath no fury like a tech-savvy troll scorned, particularly if they have nude photos of the person who scorned him. It is used to embarrass ex-partners by violating the trust that was implied at the point in the relationship when the pictures were exchanged.

Research revealed earlier this year that 92% of young girls feel compelled to send nudes to prospective or present partners.

Technology has made it much easier than ever to capture and send intimate pictures and videos, that, when shared with the right person, can contribute positively to a relationship.

The world of divorce can be a messy and horrifying place and as soon as the love is lost, it can evolve into a nasty fight. Revenge porn is the act of posting private or sexual photos or videos of a person, usually an ex-partner, without their consent. Men and women who engage in this behavior do so with the objective to humiliate and threaten the victim.  Revenge porn in divorce cases is a growing issue in family law that we are witnessing more often, and people must be aware of the implications one may deal with if you indulge in the act.

It is therefore imperative that where divorcing spouses are in possession of intimate pictures of their partner that a clause be inserted into the Settlement Agreement to prohibit a spouse from distributing intimate photos post divorce. Revenge pornography essentially deals about stalking or misusing personal and private data. It is the distribution of sexually explicit images or videos with out their consent. It is also a domestic violence against women. The goal of the perpetrator is to shame the victim, to upset them or even as an act of vengeance. Even though both men and women may potentially be victims, women are particularly becoming the targets. In the majority cases, it is women who consensually share their nude images and videos to the person they are in love with.

Social Media has the capacity of publishing the news and information both in positive or negative ways. It acts not only as a method for communication but additionally as a platform for exchanging and sharing information. Therefore, the very first source for revenge porn to become viral is social media. If social media is under regulation, then the problems of revenge porn will be reduced to a great degree. Companies such as Facebook, Twitter and Google have introduced many steps they’re taking in order to combat the growing issue. Facebook created a team of people to fight against the non-consensual posting of inappropriate pictures and videos. The company, which also owns Instagram, examines nearly half a million revenge porn reports in order to rapidly remove the content. Facebook also makes use of artificial intelligence to identify the images. In 2015, Twitter customized its rules related to revenge porn on its platform, stating that users may not post intimate pictures or videos without the subject’s consent. The platform also allows users to report tweets that may include inappropriate content. The same year, Google took a stand against the issue, stating it would honor any requests made to eliminate intimate pictures or videos of their search results. 

South Africa's current criminal law remedies offer a charge of crimen injuria, criminal defamation, or even extortion, whereas civil remedies include damages for defamation or an interdict based on a infringement of copyright (where the victim took the photograph themselves). Revenge porn is defined by the Film and Publication Bill of 2015, as the sharing or distribution of any nude or sexually explicit material without permission or consent with the express purpose of humiliating the victim or to make a profit. 

The Protection of Personal Information Act 4 of 2013 (POPI) provides victims of revenge pornography the relief to initiate a civil claim for damages against a perpetrator. Section 99(1) of POPI expressly allows a victim the right to claim non-patrimonial damages against the responsible party. The accused can be charged with the intentional distribution of private sexual photographs or films without the prior consent of the individual and/or distributing the sexual photos and films to cause harm and emotional distress to the victim. If the perpetrator is convicted of any of these charges, he/she can be sentenced to a maximum sentence of two years or a fine of up to R 150 000.00. If the victim is identified by being named or the footage is not blurred, this sentence can increase to a maximum of four years in prison or a fine of up to R 300 000.00

The Protection from Harassment Act 17 of 2011 also allows a victim of revenge pornography to apply for a protection order, which in turn is paired with a suspended warrant of arrest.

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​MAURICE PHILLIPS WISENBERG
20th Floor, 2 Long  Street, Cape Town, 8001, South Africa
Telephone: +27 21 419 7115
Email: familylaw(@)mpw.co.za​


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  • Home
  • Divorce
    • The Reasons for Divorce
    • The Divorce Process in South Africa
    • Rule 41A Mediation
    • The Marital Property Regimes >
      • Marriage out of Community of Property, new case
      • Marriage in Community of Property
      • Marriage out of community without accrual >
        • Understanding Post-1984 Marriages
      • Marriage out of community with the inclusion of the accrual
      • Anti-Dissipation Interdicts Divorce
      • Universal Partnerships
      • Antenuptial Contracts
      • Register Antenuptial Contract Online
      • Changing your matrimonial regime.
      • Postnuptial Contracts
    • Division of Assets at Divorce >
      • Forfeiture of Assets in a Divorce
    • Evicting your spouse divorce
    • Retirement Funds and Divorce
    • Living Annuities
    • Hiding Assets in a Divorce
    • Trusts and Divorce >
      • Can I hide assets in Trust?
    • Divorce a Missing Spouse
    • Adultery and Suing a Third Party
    • Domicile in Divorce Cases
    • International Divorces in South Africa
    • Expat South African Divorce
    • International Jurisdiction
    • Spousal Visas
    • International Divorce Law >
      • UK Divorce Laws
    • Choosing a Divorce Attorney
    • On-line Divorce
    • Lawyer Fees and Costs
    • Important Aspects of a Divorce
    • Divorcing a Narcistic Spouse
    • Dealing with Emotions During Divorce and Separation
    • Divorce Statistics
    • Divorce Therapy and Counselling >
      • Marriage and Relationship Therapists
    • Rebuilding Your Financial Life
    • Divorce Attorney Cape Town
    • Ingredients of a successful relationship
    • What are the elements of a successful marriage?
    • Uncontested Divorce
    • Uncontested Divorce - What Happens on the Court Day?
  • Maintenance
    • Spousal maintenance
    • How to calculate Child Maintenance?
    • Maintenance Defaulters
    • What Happens if you don't pay child maintenance
    • Child Maintenance Frequently Asked Questions
    • Rule 43 Interim Maintenance Pending Divorce >
      • Can I appeal a Rule 43 Order
      • Apply for Costs in Rule 43
      • Financial Disclosure Rule 43
      • Rule 43 Maintenance
    • The Maintenance Manual
    • Grand Parents and Maintenance
    • Variation of Maintenance due to loss of employment
    • Contempt of Court Maintenance
  • Children
    • Section 28 of the Children's Act
    • Relocation and Child Abduction >
      • Frequently Asked Questions about Child Relocation
      • Child Relocation to New Zealand
    • The Hague Convention >
      • Child Participation in South African Family Law and the Hague Convention
      • International Child Custody Law South Africa
      • Hague Applications and Domestic Violence
      • Mirror Orders and the Hague Convention
      • Tips on international child custody
    • Unmarried Parents and the Law
    • Unmarried Fathers Rights
    • Parenting Plans >
      • Parenting Plan
      • Conflict and dispute-resolution mechanisms
    • The non-custodian parent and contact
    • Appointing a Guardian in a Will
    • Introducing a new partner to your child
    • Refusal of Contact
    • Suspending Parental Rights
    • The Law on Grandparents Rights over Children
    • Parental Alienation >
      • Alienating Children
      • Parental Alienation Imprisonment
      • What is the effect of Parental Alienation on children?
    • Living Arrangements
    • What effect does divorce have on children?
    • The Voice of the Child in Divorce
    • Facilitation
    • Joint decisions about your child
    • Paternity Disputes
    • The Family Advocate
    • Parenting during separartion
    • Children's Act 38 of 2005
  • Abuse
    • South Africa GBV Bail Law Changes 2021-2025 Complete Guide
    • Domestic Violence Legislation and Case Law
    • The New Domestic Violence Act 14 of 2021
    • Gender Based Violence in South Africa
    • Domestic Abuse Forms
    • Evicting a Spouse
    • Being married to a Narcissist.
    • Divorcing an Abusive Spouse
    • What is Coercive Control?
    • What is Emotional Abuse
    • What is Sexual Abuse
    • What is Financial Abuse >
      • Economic Abuse
    • What is Stalking
    • What is Verbal Abuse
    • What is Spiritual Abuse
    • What is Social Abuse
    • Revenge Porn
    • Interdict Intimate photos
    • Steps to obtain a Protection Order
    • Domestic Violence eBook
    • The Protection Order
    • Who Qualifies for a Protection Order
    • Breaching a Protection Order
    • Questions on Domestic Abuse
    • Signs of an Abusive Relationship
    • Domestic Violence Information
    • Harassment >
      • Harassment Forms
  • Cohabitation
    • Universal Partnerships in South African Cohabitation
    • Maintenance and Cohabitation
    • Interim Maintenance and Cohabitation
    • Sample Cohabitation Agreement
    • Engagement and the law
  • Formalities for marriage in south africa
    • South Africa's New Marriage Bill: A Step Towards Equality and Inclusion
    • Same Sex
  • Family Law eBooks
  • Family Law Links
    • The South African Court System
    • Court Rolls
    • Family Law Legislation
    • Family Law Blog
    • New Family Law Cases
    • Register for the Online Family Law Course
  • About the Author
  • Contact
  • Charities