| (1) |
No person may create, produce or distribute in any medium, including the internet, and social media any films or photographs depicting sexual violence and violence against children. |
| (2) |
For the purposes of this section 'photograph or film' means a still or moving image in any form that— |
| (a) |
consists of, or includesone or more photographed or filmed images; or |
| (b) |
appears to consist of or includes one or more photographed or filmed images. |
The prohibition in subsections (1) and (2) shall apply despite that the individual who appears in the photograph or film might have consented to the original creation of such photograph or film.
| (3) |
The reference in subsection (2)(b) to photographed or filmed images includes photographed or filmed images that have been altered in any way. |
| (4) |
For the purposes of this section 'photographed or filmed image' means a still or moving image that— |
| (a) |
was originally captured by photography or filming, or |
| (b) |
is part of an image originally captured by photography or filming. |
| (5) |
For the purposes of this section 'filming means making a recording , on any medium , from which a moving image may be produced by any means. |
| (6) |
References to a photograph or film include— |
| (a) |
a negative version of an image described in subsection (2); and |
| (b) |
data stored by any means which is capable of conversion into an image described in subsection (2). |
| (7) |
For the purposes of this section and section 24E, 24F and 24G, the internet service provider shall be compelled to furnish the Board or a member of the South African Police Services with information of the identity of the person who published a film or photograph depicting sexual assault and violence against children. |
[Section 18G inserted by section 19 of Proc 52, GG 45959, dated 25 February 2022]
Statistics Act, 1999
