Revenge Porn a form of Abuse
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.
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.
