Question 1 (Marks: 100)
Read the following abstracts:

ABSTRACT 1

“There are new revenge porn laws in South Africa, as the country officially follows the likes of Israel, the United Kingdom, New Zealand and Japan by criminalising the distribution of sexually explicit images or videos without someone’s consent.

This comes after President Ramaphosa signed amendments to the Films and Publications Bill into law, which will further clamp down on hate speech, the dissemination of child pornography and “revenge porn”.

For those not in the know, “revenge porn” refers to the sharing or distribution of any nude or sexually explicit material of someone without their permission or consent with the express purpose of humiliating or “getting back” at them. Victims may now lay criminal charges against anyone who distributes or shares this material on social media, in text messages, via any electronic communication or on pornographic websites.

Anyone who breaks the revenge porn laws in South Africa and is found guilty of sharing or distributing revenge porn will face time behind bars or will be fined. If the victim can’t be identified in the content, the perpetrator could face two years in jail and/or pay a fine of up to R150 000. However, if the victim can be identified in any way, the perpetrator could spend four years in prison and/or pay up to R300 000.

Over the last few years, South Africa has undoubtedly become stricter about what is acceptable and legal to post online. For example, if the Cyber Crimes and Cyber Security Bill, and Prevention of Combating of Hate Crimes and Hate Speech Bill) are signed into law, it will become a criminal offence to spread harmful or bigoted messages online.”
– LawForAll. “Revenge Porn” is Officially Illegal in South Africa (no date). Available at https://www.lawforall.co.za/legal-news/revenge-porn-laws-south-africa/ (Accessed on 21 January 2025).

ABSTRACT 2

“South African children are not only having to protect themselves from bullies on the playground, but not they have to do it online too.

Over the last few months, South Africa’s kids have come under threat with more than half of the country’s kids falling victim to cyber bullies. This is according to a survey conducted recently by digital identity, privacy and social media protection company, Digimune. The company surveyed 200 parents to gauge their views and concerns around children and digital threats. The results of the survey revealed that 51.5% of the children whose parents took part in the survey had been cyberbullied. The survey also found that 54% of children have accessed inappropriate content via digital platforms. South African children are also increasingly becoming victims of online shaming and revenge porn, according to the survey.”

  • Naik, S. SA youngsters under threat from cyber bullies as online shaming and revenge porn also on the rise (27 March 2021). Available at: https://www.iol.co.za/saturday-star/news/sa-youngsters- under-threat-from-cyber-bullies-as-online-shaming-and-revenge-porn-also-on-the-rise-e6f391d5- 0be6-4b52-881c-d929964122da (accessed 21 January 2025).

The abstracts above highlight that revenge porn is becoming a growing concern, especially with regard to children in the cyber-bullying context. This is despite the fact that revenge porn has been criminalised in South African law.

In not more than five pages in length, write an essay in which you discuss revenge porn in the context of criminal law and the media as well as the laws governing sexual content in the media and children. Your essay must make reference to the following points:

• A brief summary of the core reasons for how an activity like revenge porn is criminalised.
• How victims of crimes like revenge porn and who are children are to be referred to in the media, taking into account how children who are the accused, who are witnesses and who are child victims of crime are referred to in the media in the instance of kidnappings.
• Whether or not, in your view, revenge porn involving children in the context of cyber-bullying and in any medium can also be similar to the offence of “child pornography”, when looking at the following pieces of legislation:

  • The Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007; and
  • The Films and Publications Act 65 of 1996.

Answers to Above Questions on Media, Law and Ethics

Answer 1: The revenge porn in the context of criminal law and the media as well as the laws governing sexual content in the media and childrenimplies that

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