Copyright Act, 1978
R 385
Cybercrimes Act, 2020 (Act No. 19 of 2020)Chapter 2 : Cybercrimes, Malicious Communications, Sentencing and Orders to Protect Complainants from Harmful Effect of Malicious CommunicationsPart II : Malicious Communications16. Disclosure of data message of intimate image |
| (1) | Any person (‘‘A’’) who unlawfully and intentionally discloses, by means of an electronic communications service, a data message of an intimate image of a person (‘‘B’’), without the consent of B, is guilty of an offence. |
| (2) | For purposes of subsection (1)— |
| (a) | ‘‘B’’ means— |
| (i) | the person who can be identified as being displayed in the data message; |
| (ii) | any person who is described as being displayed in the data message, irrespective of the fact that the person cannot be identified as being displayed in the data message; or |
| (iii) | any person who can be identified from other information as being displayed in the data message; and |
| (b) | ‘‘intimate image’’ means a depiction of a person— |
| (i) | real or simulated, and made by any means in which— |
| (aa) | B is nude, or the genital organs or anal region of B is displayed, or if B is a female person, transgender person or intersex person, their breasts, are displayed; or |
| (bb) | the covered genital or anal region of B, or if B is a female person, transgender person or intersex person, their covered breasts, are displayed; and |
| (ii) | in respect of which B so displayed retains a reasonable expectation of privacy at the time that the data message was made in a manner that— |
| (aa) | violates or offends the sexual integrity or dignity of B; or |
| (bb) | amounts to sexual exploitation. |
