Various government departments have warned of the serious legal repercussions of distributing and sharing the explicit video depicting a woman purported to be Free State Legislature speaker Ntobmbizanele Sifuba across social media platforms.
The revenge porn video, which depicts graphic and extreme nudity, has been widely circulating, particularly on Twitter, since it was released by a man who is reportedly a former lover of Sifuba.
In a statement, the Film and Publications Board (FPB) says it has contacted Twitter to urgently take-down the video from its platform. It says failure to do so will see the FPB apply the remedies provided to it by the Films and Publications (FP) Act.
This includes referring the matter to the recently appointed Enforcement Committee, chaired by retired judge Thokozile Masipa, for penalties and/or fines.
It appears the video has since been removed from Twitter.
The distribution of private sexual photographs and films is prohibited under section 18F (1) of the FP Act, which prohibits and criminalises revenge porn. People who are victims of revenge porn can lay criminal charges against the perpetrators and the perpetrators may face jail time of up to four years and/or a fine of up to R300 000.
According to the FPB, the material is not only harmful as defined in the FP Act, but the distribution of the material on a freely available platform like Twitter further exposes children to age-inappropriate material, which is prohibited by the Act.
FPB interim CEO Dr Mashilo Boloka explains: “The distribution of the material underlines the continuing unprecedented trend of online harms directed at children and other vulnerable groups, including women and people with disabilities.
“As the FPB, we are gearing ourselves up to aggressively deal with these online harms so that we have a safer online environment for the entire South African public. Being online is a human rights issue, which every South African should enjoy whether for social, economic, or educational purpose.”
The FP Act stipulates: “Any person who knowingly distributesprivate sexual photographs and films in any medium, including the internet and social media, without prior consent of the individual or individuals, and where the individual or individuals in the photographs and films is identified or identifiable in the said photographs and films, shall be guilty of an offence.
It is important to highlight that the prohibition referred to in section 18F (1) of the FP Act applies, notwithstanding that the individual who appears in the photograph or film may have initially consented to the original creation of such a photograph or film, says the FPB.
Meanwhile, senior members of Twitter's security,privacy and compliance team submitted their resignations this week after its new owner Elon Musk retrenched nearly half of the staff members, scrapped the company’s work-from-home policy and said employees should brace for 80-hour work weeks.
Even before buying Twitter for $44 billion, Elon Musk had been transparent about his plans to turn Twitter around to make the social media platform honour freedom of speech, calling himself a "free speech absolutist".
Musk had given mixed messages on his stance on privacy issues, despite the social media platform having been in hot water with regulators in the past for dragging its feet on tightening its security controls.
Meanwhile, the Portfolio Committee on Women, Youth and Persons with Disabilities has released a statement requesting the public to not share, re-post or distribute the video of Sifuba.
The committee says the incident is yet another display of gender-based violence perpetrated by a male against a female and the perpetrator must face the full wrath of the law. It notes that extortion involving sexual revenge has become a disturbing trend and must be curtailed.
Chairperson Nonhlanhla Ncube-Ndaba says: “What remains a key concern for the committee is the lack of respect for women’s choices and consent, resulting in the violation of their rights. More needs to be done in this regard to ensure women’s rights are upheld.”
The ANC parliamentary caucus in the Free State this week issued a statement, saying the video incident was an attack on her integrity and that the speaker had opened a civil case against the perpetrator.
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