WhatsApp messages of this type can no longer be sent in South Africa

The Films and Publications Amendment Act has been signed by President Cyril Ramaphosa and was in effect from 1 March 2022.

The Act introduces much stricter regulations regarding the distribution of online content in the country - including through social media.

Revenge Pornography

Any person may not expose, via any medium, including the internet and social media, a private sexual photograph or film if the following conditions are met: The individual or individuals appearing in the photograph or film have not given their consent; With the intent to harm them

The offence of knowingly publishing private sexual photographs and films without the consent of the individual or individuals is punishable by a fine not exceeding R150,000 or by imprisonment for a period not exceeding two years upon conviction.

Hate Speech 

Hate speech includes words that indicate an intent to harm, incite harm, and promote or propagate hatred against a particular individual or identifiable group.

It is an offence for anyone to knowingly distribute hate speech in any form, which amounts to propaganda for war, incites imminent violence, or calls for hate speech, and is punishable by a fine not exceeding R150,000 or by imprisonment not exceeding two years.

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