The Films and Publications Amendment Bill, which will be presented in parliament on Tuesday, could outlaw revenge pornography.
Communications minister Faith Muthambi and the Film and Publication Board will present the bill to parliament’s communications committee.
The bill, which was introduced to parliament in November, seeks to amend the Films and Publications Act by closing gaps in relation to online content regulation.
“Revenge porn” is the distribution of private sexual photographs and films without consent from the individual featured.
If passed, offenders could face up to two years in jail or a fine of up to R150 000.
In terms of the proposed new law, no person may post private photos or films on the Internet and social media sites without consent or with the intention of causing individual distress.
“For the purposes of this section, a photograph or film is “private” if it shows something that is not of a kind ordinarily seen in public.
“A photograph or film is “sexual” if such photograph or film — shows all or part of an individual’s exposed genitals or pubic area; shows something that a reasonable person would consider to be sexual because of its nature; or regarding its content, taken as a whole, is such that a reasonable person would consider it to be sexual,” the bill says.
Photos and films of this nature may only be shown for the purposes of preventing, detecting or investigating crime.
The Democratic Alliance’s Phumzile Van Damme welcomed this section of the bill.
“Revenge porn has become a major problem in the age of the Internet, affecting mostly women, and it is imperative that it is legislated against,” she said. — News24
