WATCH: Why you shouldn't make sex tapes, and why it's a crime to share them

2018-10-29 06:02
Minister of Home Affairs Malusi Gigaba.

Minister of Home Affairs Malusi Gigaba. (Photo: Adrian de Kock)

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Lawyer and social media expert Emma Sadleir has warned that anyone who redistributes someone's personal sexual videos that they have received is committing a criminal offence. 

In the wake of Home Affairs Minister Malusi Gigaba revealing that a video containing material "of a sexual nature" is circulating in political circles, which he says has been used in blackmail and extortion attempts, Sadleir said leaking such content is tantamount to an infringement of privacy. 

Gigaba took to Twitter on Sunday to tweet about the video, which he says was stolen when his cellphone was hacked in 2016 or 2017. He added that the video was only meant to be viewed by his wife and himself. 

In another tweet, Gigaba said the blackmail/extortion attempts as well as the "illegal interception of my communication/hacking of my phone have all been reported to the relevant law enforcement/intelligence agencies and I am advised that the resultant investigations are still continuing".

READ: Gigaba 'sex tape' won't impact him politically - analyst

Speaking to News24, Sadleir said that it is a criminal offence to share sexual content without the consent of the person in the material. She added that this is a clear infringement of privacy and that case law exists to show that there is no public interest in disseminating such content. 

"Everyone that sends it on is also committing a criminal offence and can be charged with crimen injuria," Sadleir said. 

She added that there were two bills currently before Parliament - the Cybercrimes Bill and the Film and Publication Amendment Bill - that will criminalise the reposting of sexual content without the consent of the parties implicated.  

'Don't film yourself'

In an earlier interview with The Witness, Sadleir said: "Don't do stupid things, especially not in front of a camera."

Sadleir, who co-wrote the book Don't Film Yourself Having Sex with Tamsyn de Beer, said the main thing about something embarrassing that gets onto the internet is that it will stay there forever.

She said she dedicated the book to one of her clients, whose ex-boyfriend had made a sex video of her without her knowledge. The client said she thought the ex had just started some romantic music on the laptop, meanwhile he was aiming the camera squarely at the bed.

When their relationship ended, the spiteful ex loaded the video on a pornographic website, adding her name, surname and job.

It was only when a friend told her she must google herself that she - and her entire family - found out about the video.

She had to change her name, because she could not get away from the video's many copies.

On Sunday, people took to Twitter to say that they have already seen the video, and others have posted the video on the social media network.

Read more on:    politician  |  minister of home affairs  |  blackmail  |  extortion  |  malusi gigaba  |  south africa  |  crime  |  social media  |  law  |  sex tape

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