If the allegations made by social media influencer Cyan Boujee are true, Prince Kaybee could be facing up to 10 years in prison for revenge offence.
Explicit content of the influencer went viral and she has placed the blame at the feet of the popular DJ, Prince Kaybee.
This is not the first time the award winning South African dance music star finds himself in the center of a sexual scandal while juggling family life and attempting to claw his way back into relevancy. In 2021, a naked picture of him was shared by a scorned ex-lover.
In the age of digital communication and social media, a disturbing trend known as revenge porn has found back emerged. Revenge porn is the act of sharing intimate, explicit, or sexually explicit materials (such as photos or videos) without consent, often with the intention to embarrass, harass, or emotionally harm the individual depicted.
In the article below, we explain what revenge porn is, the legal consequences it carries in South Africa should the victim press charges, as well as the protective measures available to them (victims).
Understanding revenge porn; law, victim protection and criminal consequences
Revenge porn, also referred to as non-consensual pornography, involves the unauthorised distribution of explicit materials featuring an individual, typically with the intention of seeking revenge, causing harm, or exerting control over the victim. This act violates the privacy, dignity, and consent of the individuals involved, leading to emotional distress, reputational damage, and social consequences.
South Africa, like many countries, has recognised the need to address the issue of revenge porn and has implemented laws to combat it.
The current South African law views revenge porn as a violation of multiple laws, encompassing both criminal and civil consequences for perpetrators. The country’s legal system recognises the rights and protections afforded to individuals to maintain control over their personal information, including explicit images or videos.
Criminal consequences
Under South African law, revenge porn falls under the ambit of the Films and Publications Act of 1996 (amended in 2009). Section 18 of the Act prohibits the distribution or exhibition of explicit or sexual materials without consent, effectively criminalizing revenge porn. Offenders can be prosecuted, and if found guilty, may face hefty fines and imprisonment for up to 10 years.
Civil consequences
In addition to criminal charges, victims of revenge porn in South Africa have the right to pursue civil action against their perpetrators. This allows victims to seek damages for emotional distress, loss of reputation, and infringement of privacy rights. The courts may award financial compensation and issue interdicts or restraining orders against the offenders.
Protective measures and support for victims
Victims can seek assistance through various channels, including the South African Police Service (SAPS), online platforms offering takedown requests, and legal organisations specialising in digital rights and privacy.
The Protection from Harassment Act (2011) also offers victims an avenue to obtain restraining orders or protection orders against their offenders. These orders can prevent further distribution, harassment, or threats associated with revenge porn. Furthermore, organizations like Women’s Legal Centre (WLC) and Rape Crisis provide counseling, legal guidance, and resources for victims of revenge porn.
