Clampdown on revenge pornography welcomed

In what The Mercury report calls a groundbreaking development in the fight against the weaponised distribution of private and intimate images, the Film and Publication Board (FPB) now has more muscle with the amendment Act in place. The Film and Publications Amendment Act empowers 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, 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 with the FPB and if, upon investigation, it is established that there is merit in the complaint, the FPB may issue a takedown notice and refer the matter to the enforcement committee for adjudication and imposition of a fine, among other things. The board referred to the recent judgment by the Gauteng High Court (Johannesburg), which awarded $193 000 to a woman who bravely sued a couple for distributing revenge pornography (see KS v AM and SHM in Legalbrief Today). The board said this ‘landmark’ case not only highlighted the grave emotional trauma inflicted on victims but also sets a significant legal precedent in addressing this form of violence.