As vagina pic goes viral, be warned, it may be an offence
Teens are warned: Sending photos is illegal child porn
ANYONE who knowingly shares private sexual photos and films on the internet and through social media without consent should be jailed and their names appear on a sexual offenders registry.
This week the Portfolio Committee on Communications will hold public hearings into the criminalisation of revenge porn, a new criminal offence in the Films and Publications Act Amendment Bill.
The generic term “revenge porn” is used to cover all instances of non-consensual distribution of private images, regardless of how the images were obtained or the intention for their distribution.
The case involving a North West woman who shared a picture of her vagina, intended for her husband, in a WhatsApp hockey moms group, trended on social media and by the time the woman realised her mistake and apologised to the others on the group, the picture had already been shared.
Earlier this week, a teacher from a school in Nquthu in northern KwaZulu-Natal was suspended after he allegedly recorded a video of himself having sex with a pupil whose face was visible.
The video was leaked on social media and the girl later reportedly attempted suicide.
The case involving the woman in North West has particularly angered social media law experts like Emma Sadleir, who wrote the book, Don’t Film Yourself Having Sex.
“Lives have been ruined, not just the victim’s life, but her family’s as well. It’s all fun and games until somebody commits suicide. I’ve had clients who’ve moved countries and changed their names to escape revenge pornography.
“I’ve been accused of victim shaming when I tell people not to take pictures of themselves naked. I’m not victim shaming, I just feel utterly helpless when private pictures are published because a) everybody is a celebrity in the digital age and b) the internet doesn’t forget. Ever.”
Private parts
Another expert, Lizzie Harrison, said while it was silly of the woman to post the picture of her private parts, she had every right to pursue legal action.
While there had not been enough cases of this nature in South Africa to speculate on the likely outcome of a civil case, the seriousness of these offences was increasingly understood in the courts.
The draft law prohibits any person from distributing private sexual photographs and films.
It says no person may expose, through any electronic medium… a private sexual photograph or film without the consent of the person who appears in the photograph or film, and with the intention of causing that individual distress.”
But while Sadleir and her team welcome the bill and applaud its progressive nature, she questions whether the Films and Publications Act, 1996 (as amended) is the correct act to include the criminalisation of revenge pornography.
“It would be more accessible and beneficial for victims for this issue, (if it was) recognised for what it is – a form of sexual offence – and contained in the Sexual Offences Act.”
Sadleir and her team will also ask for harsher punishment in cases where the identity of a victim is revealed by the perpetrator, as the harm caused to the victim is greater in these cases.
“Simply criminalising the offence does not provide enough protection for victims. We ask for stricter measures that mean once content has been deemed illegal, it is permanently erased by all internet service providers and independent computer forensic experts are given access to all the perpetrator’s devices in order to ensure the content has been deleted. If any person is found to have copies of the images once they have been deemed illegal, they are guilty of an offence.”
In her book, Sadleir writes: “If you want to spice up your relationship, do it where technology can’t find you, or… at least ensure your face and genitals are not visible in the same frame.
The hearings will be held in Parliament from Tuesday to Thursday.
SEXTING on WhatsApp, (sending sexually explicit photographs or messages) is becoming a “social norm” among teens, often because of peer pressure.
This is according to Emma Sadleir, a specialist in media law, who was speaking at the 22nd annual Conference of Headmasters of Traditional State Boys’ Schools held in Durban this week.
The heads of 27 boys’ schools attended the three-day conference, where presentations took place on a wide variety of topics within the education sphere, from leadership to digital learning and a healthy lifestyle.
With social media dominating the teen years, Sadleir highlighted the dangers surrounding media platforms which can have an immediate and far-reaching impact on a teen’s life.
Citing a recent incident at a Johannesburg school, Sadleir said a 15-year-old boy had sent more than 120 messages to a 14-year-old girl asking her to send him naked photos of herself after they met at a party the previous evening. The girl eventually relented and sent a picture, which he immediately circulated to his friends. As a result, the young girl tried to commit suicide and is in hospital in intensive care.
“Teens are all sending and receiving naked pictures. Sexting is becoming a social norm, but it is against the law,” said Sadleir, explaining that if you were taking a picture, you were creating child pornography and if you sent a naked picture, that was distribution of child pornography.
She said while Facebook’s fastest growth was among women over the age of 55, teens now favoured WhatsApp, Instagram and Snapchat.
While many teens believe Snapchat pictures or messages are automatically deleted, Sadleir said this was not accurate because of a recent update in their terms and conditions. She warned that social media companies were constantly updating their terms and conditions which few teens read.
Many teens would also accept someone they didn’t know, especially if that person was a mutual connection.
“Every child should have a private Instagram account, but kids treat it like a popularity contest – the more followers, the more cool you are.
“There is stranger danger online, such as receiving an invite from a beautiful 16-yearold girl who goes to the next door school. Boys of 14 or 15 years old are vulnerable in this situation and the people behind these profiles are patient and will spend months making friends,” she said.
She said a good benchmark for teens to accept a follower was if you would invite that person to a braai at your house.
Describing the screenshot as “the devil, which has changed the game totally,” screenshots have changed messages from being transient, and can rapidly be shared widely.
“We are seeing more cases at school level where a screenshot of a WhatsApp message has gone viral. If you don’t want it on the front page of a newspaper, don’t put it on your phone,” said Sadleir.
This includes making jokes on any digital platform as humour lost context and tone, as well as having no control over the audience.
With regard to long-term impact Sadleir warned: “You are going to be Googled for the rest of your life. If a prospective employee does not like the way you spell on Twitter, you may not get that all-important job.
“What you post when you are 14 or 15 can compromise you way down the line. It’s also wise to manage your digital shadow, such as when you are being tagged.
“Teens should be educated to say no to mates taking photographs. You must presume if someone is taking a picture of you, it is going to be published and circulated.
“When you have a party, leave the phone at the door,” she added. Phones can also be stolen or hacked, with content on them emerging later.
Sadleir recommends parents practise “device management” and not allow teens to have 24 hour access to their phones – particularly at night, for young teens.
Social media have a vast number of algorithms which pick up any aspect of your life, whether portrayed in a photo or a message.
“Social media platforms are free, but you are not getting it for free. You are paying for every morsel of information you give to them,” she said.