Watch Original Free State Speaker Video Leaked On Twitter & Reddit
Those who circulate the sexually explicit video of Free State speaker Zanele Sifuba must be held criminally liable for sharing revenge porn and perpetuating abuse.
So says gender expert Lisa Vetten, adding that Sifuba, as a political figure and public servant, could feel exposed and struggle to exercise authority in the workplace.
"It's abuse because the key word here is consent. She did not consent to have these images circulated. When she made them, they were for herself and whoever she made them for, not for the world at large," added Vetten.
Free State legislature spokesperson Life Mokone said Sifuba had faced several demands for the payment of R150 000 from the originator of the video.
Mokone said the person had later claimed, in phone calls made using different numbers, that he had received "payments" from politicians "around the speaker" to "fabricate" the video ahead of the provincial conference.
On Wednesday, provincial government spokesperson Sizwe Zingitwa said Sifuba had opened a civil case.
He added that the ANC had pledged support to Sifuba "in what seems to be an attack on her integrity".
Vetten said it was concerning that the scores of social media users who shared the video online were oblivious to the abuse and legal implications of their actions.
Some were sympathetic to Sifuba, while others said the incident should teach other women not to put themselves in situations where others could access their sexual content to blackmail them.
Vetten said this was unfair and constituted policing of women's bodies and sexual expression.
She added:
In an ideal world, it's part of sexual expression to do something like that, and to share that with your partner is also part of one's expression. But we live in a less ideal world, and it's the person who is circulating this stuff that should be prosecuted. It's not wrong of her to make a video. It's wrong to leak and circulate it because it's a 'nice scandal'.
Social media expert Emma Sadleir said people who shared the video were as guilty of the crime as the source of the leak.
They can be charged and prosecuted under several laws, including the Cyber Crimes Act, and can be fined or sentenced to three years in prison.
Under the Films and Publications Amendment Act, distributors of private sexual images and videos could be fined R300 000 or sentenced to four years in prison, Sadleir said.
She added that she received about three calls a day about cases of "sextortion".
People meet extortionists on online platforms, including dating and social media apps.
Sadleir said victims could take steps to prevent abusers from sharing their sexual content if they received a warning before it was made public.
"Get a lawyer to write them a letter explaining the undertaking that they delete it, failure to which you will take steps to ensure they don't end up online.
"You can also get an interdict and a protection order. If someone is threatening you, you can get a protection order against them. And, if somebody does share content, you can sue them," she added.
Sadleir said Sifuba should lay both a criminal charge and launch a civil case.
"A criminal case is when the police come and arrest you, meaning it's you against the state. A civil case is when one person sues another, for instance, defamation and invasion of privacy," she added.
The Film and Publications Board (FPB) has asked Twitter to remove the video from its platform, as it exposes children to age-inappropriate content, which the Films and Publications Act prohibits.
"The distribution of the material underlines the continuing unprecedented trend of online harm directed at children and other vulnerable groups, including women and people with disabilities.
"As the FPB, we are gearing ourselves up to aggressively deal with these online harms to have a safer online environment for the entire South African public. Being online is a human right[s] issue which every South African should enjoy, whether for social, economic, or educational purposes," said interim CEO Mashilo Boloka.
The distribution of "private sexual photos or films" is a crime under the Films and Publications Amendment Act = R300,000+4 yrs prison
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