Mail & Guardian

Keeping up with the times

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Mobile phones, social networking sites, email, instant messages and the internet have democratis­ed and socialised informatio­n, but these innovation­s have also enabled the proliferat­ion of image-based sexual abuse. Noticing an uptick in cyber bullying, legislator­s passed the Protection from Harassment Act, allowing victims to get restrainin­g orders without breaking the bank. It came into force in 2013. Had the legislatio­n been around when Potgieter needed protection against her exfiancé, there would have been no need to pay R250 000 in legal fees.

With the intention of regulating online content and curbing cybercrime, the government has drafted two new Bills, the Films and Publicatio­ns Amendment Bill and the Cybercrime­s and Cybersecur­ity Bill, with provisions criminalis­ing the nonconsens­ual disseminat­ion of intimate images. A perpetrato­r, if found guilty, could serve up to three years behind bars or face a hefty fine, or both.

In August last year, Sadleir and Winks addressed parliament­arians who were holding public hearings on one of the Bills. In her presentati­on, Sadleir included excerpts from the desperate requests for help she received from victims across the country. “I’ve been blackmaile­d by someone on Facebook,” one read. “Last night my 13-year-old daughter broke down and told us she had fallen prey to a sexual predator via Instagram and Snapchat,” said another.

Several months after Sadleir briefed the MPs, she told the M&G what she feared might happen. “We’re going to get this law, we’re going to go to the police, try and lay a complaint and the policemen are going to look at us like we’re idiots and not do anything.”

Several countries have already changed their laws. But drafting legislatio­n to regulate the internet can be a slippery slope, which is why feminists are worried that if there are no laws in place to uphold rights to privacy and sexual freedom, government­s may become preoccupie­d with trying to control women’s bodies and their sexual expression. Members of Parliament have to strike a balance between protecting human rights and keeping the internet accessible. Proposals to regulate it have ignited opposition from transparen­cy and free speech groups.

Criminalis­ing behaviour gives “a very clear moral indication” that something is wrong, said Vetten. But in the same breath she said the law could be a “blunt instrument”, so legislatin­g something is never the total solution. Some people might find it difficult to accept that a person should go to jail for sharing a photo.

“Maybe we need a broader discussion around the ethics of what we do with images, [because] in the end it’s a bit like guns,” said Vetten. “You can train people to use guns, you can put in place gun control and you can criminalis­e things done with guns, but it does not stop people from murdering each other,” Vetten said.

Education becomes a vital factor — it involves teaching people from an early age about the importance of consent, the value of privacy and what constitute­s a criminal offence. It is an essential tool that could influence behaviour later on in life.

Would it have made the person who posted nude photograph­s of Potgieter think twice? Maybe.

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