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#MalusiGigaba Why sharing the video could land you in trouble with the long arm of the law

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There could be legal ramifications if you share any sexually explicit images or video of another person without their consent.

Former Home Affairs Minister Malusi Gigabay. FILE PHOTO: Cindy Waxa/African News Agency (ANA)

Cape Town – A video in which Home Affairs Minister Malusi Gigaba performs a sexual act on himself has been widely shared on social media over the past 24 hours, but an expert has warned that there could be legal ramifications.


According to a social media law expert, anyone who shares sexually explicit images or video of another person without their consent could be held liable for crimen injuria or defamation. In both instances, the complainant can argue that their dignity has been impaired and that the distribution of the material has harmed them personally and/or professionally.

South Africa has pending cyber legislation which includes criminalising the distribution of intimate images without consent.

On Sunday Gigaba posted a series of tweets in which he said that a video which was stolen when his cellphone was hacked in 2016/17 has been making the rounds among politicians. 
According to Gigaba, the same video had been used to attempt to blackmail him for R5 million shortly before former president Jacob Zuma appointed him as finance minister in March 2017.
Since the news of the latest leak broke there have also been lots of discussions on social media about Gigaba’s right to privacy as a public official, with many people expressing sympathy with the minister and his wife for having intimate parts of their relationship laid bare in public.
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