Home Lifestyle What the law says about revenge porn as Gcinile and Grootman’s breakup...

What the law says about revenge porn as Gcinile and Grootman’s breakup takes a wild turn with sextape leak

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Sexually explicit material that is distributed without the person’s consent is a criminal offence.

Gcinile and Grootman pictured together smiling. Picture: Supplied

JUST weeks after one of Mzansi’s social media “it” couples publicly announced their breakup, a sextape of Themba “Grootman” Selahle and Gcinile Twala has now surfaced on social media angering many who suspect a classic case of revenge porn was at play.

The sextape could be a case of revenge porn, which under South African law, is a crime under the Cybercrimes Act, with sentences of up to three years or a fine enforceable by the courts. Revenge porn is the leaking of sexually explicit material without the person’s consent, often used as a means to get back at them, usually after breakups.

However, the distribution of sexually explicit images or videos without someone’s consent is a criminal offence, while those who re-share revenge-porn material could also be sanctioned for “aiding, abetting, inducing, inciting, instigating, instructing, commanding or procuring to commit an offence” in terms of the Act.

It is not known who leaked the video, but several social media accounts have reposted the video on social media site X.

According to legal expert Ahmore Burger-Smidt, the head of data privacy at Werksmans Attorneys, revenge porn was a form of digital abuse.

“Non-consensual pornography (colloquially referred to as “revenge porn”) is a form of digital abuse in which sexually explicit photos or videos are disseminated without the consent of the subjects in such content,“ she said in a journal on the firm’s website.

“Why revenge? Because generally speaking the person who is in possession of and/or shares such content does so as a means of retaliating against a subject who, amongst others, has failed/refused to offer some kind of benefit in return for the non-release of compromising or damaging information”.

Burger-Smidt said revenge porn victims should seek legal advice and take legal action.

The South African Police Service (SAPS) are also empowered by the law to act.

Last month, Selahle and Twala, who have a child together, publicly broke up as he demanded she return all the gifts he bought her while they were together, including a diamond engagement ring.

On Monday, social media users were left shocked and angry after sexually explicit footage of the two emerged on social media site X.

Twala is a social media influencer and make-up artist who has her own make-up business called Glammed By Gciniletee, has yet to comment since the video leaked.

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