In a groundbreaking development in the fight against the weaponised distribution of private and intimate images, a pressing issue that affects countless individuals, particularly women in our society, the Film and Publication Board (FPB) now has more muscle with the amendment Act in place.
As we observe the 16 Days of Activism for No Violence Against Women and Children, the FPB said it is committed to regulating harmful content and advocating for the rights and dignity of victims.
The recent amendments to the Act empower individuals to report and seek redress for prohibited content, reinforcing the legal framework against issues such as revenge pornography.
Pursuant to amendments to the Act, the Board has been given the mandate to deal with complaints relating to the distribution of private sexual photographs and films through any medium, including the internet and social media, a private sexual photograph or film without the consent of the individual(s) who appears in the photograph or film with the intention of causing that individual harm.
Any person may lodge a complaint to the FPB and if, upon investigation, it is established that there is merit in the complaint, the FPB may issue a take down notice and refer the matter to the Enforcement committee for adjudication and imposition of a fine, amongst others.
The Board referred to the recent judgment by the Gauteng High Court, Johannesburg, which awarded R3.5 million to a woman who bravely sued a couple for distributing revenge pornography.
This landmark case not only highlights the grave emotional trauma inflicted on victims but also sets a significant legal precedent in addressing this form of violence, the Board said.
The case revolves around a woman whose intimate images were shared online by her ex-lover as a means of coercion and revenge after their relationship ended.
The perpetrator’s (a Germiston couple) actions, including threats and the creation of a fake social media account, underscore the alarming prevalence of non-consensual sharing of intimate images in our digital age, the Board said.
Judge Shanaaz Mia’s ruling emphasised the pain and suffering endured by the victim, marking a pivotal moment in the judicial response to revenge pornography.
“As we observe the 16 Days of Activism for No Violence Against Women and Children, this judgment serves as a powerful reminder of the need for increased awareness and action against such acts of violence,” the Board added.
It reminded that the repercussions of revenge pornography can be devastating, leading to emotional distress, anxiety, and, in tragic cases, even suicide.
“It is crucial to educate the public about this issue, challenge the patriarchal narratives that often blame victims, and promote empathy and support for those affected,” the Board said.
In awarding the R3.5 million to the latest victim of revenge porn, Judge Mia found that the conduct infringed the plaintiff’s personality, identity, dignity, privacy, and reputation.
As a result, she affirmed that the plaintiff was entitled to the maximum protection of the law for the invasive and degrading conduct.
Pretoria News