Public warned of legal action for sharing private sexual content without consent
The Film and Publications Board has issued a strong warning against the online sharing of intimate videos, reminding the public that non-consensual distribution is a criminal offence punishable by law.
The Film and Publications Board (FPB) has issued a stern warning to the public against sharing or distributing private sexual videos or photographs without the consent of those depicted.
This follows a recent incident involving a sexually explicit video clip circulating widely on various social media platforms, showing two individuals engaged in sexual activity.
In a statement released on November 10, the FPB reminded the public that such actions violate Section 18F(1) of the Films and Publications Act, 1996 (Act No 65 of 1996), as amended.
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The law prohibits anyone from sharing a private sexual photograph or video without consent and with the intention of causing harm.
According to the FPB, anyone found guilty of distributing private sexual material without consent, whether online or through social media, could face a fine of up to R300 000, imprisonment for up to four years, or both.
The board has already issued takedown notices to social media platforms hosting the video and will monitor compliance to ensure its removal. The FPB cautioned that those who share, re-post, or forward the video could also face prosecution under the same Act.
The FPB reaffirmed its commitment to protecting individuals’ rights to dignity and privacy, as enshrined in the Constitution.
It condemned the public shaming and gender-based discrimination that often follows the non-consensual sharing of intimate material, particularly against women.
“We call on all those advocating against gender-based violence to condemn such acts. These violations undermine the National Strategic Plan on GBVF’s vision of a South Africa free from violence against women, children, and LGBTQIA+ persons,” the FPB added.
Victims or members of the public who encounter non-consensual sexual content can report it directly to the FPB by submitting complaints via email to clientsupport@fpb.org.za
The FPB will investigate, issue takedown notices where necessary, and may refer cases to its Enforcement Committee for adjudication and fines.
