The legal framework
Section 16 of the Cybercrimes Act 2020 makes it an offence to disclose a data message containing an intimate image of a person without their consent. The Films and Publications Amendment Act 2019 added a parallel offence and empowered the regulator to order take-down. POPIA applies where an identifiable image is processed.
Key points
| Cybercrimes Act 2020 | Section 16: disclosure of an intimate image without consent |
|---|---|
| Films and Publications Act | Parallel offence, with take-down powers for the Board |
| Protection orders | Protection from Harassment Act, obtainable at a magistrate's court |
| Identity of the poster | Courts can direct service providers to disclose it |
| POPIA | Applies to identifiable images |
| Common law | Actio iniuriarum for damages |
| Disclosure orders | Courts can direct service providers to identify an anonymous poster |
| Film and Publication Board | Can order takedown administratively |
In practice
- Save the evidence before reporting: screenshots with the URL and date, the account name, and any messages.
- Use the platform's own reporting form first — it is the fastest route to removal — then report to the authority.
- Use StopNCII.org or Take It Down for intimate images: they create a digital fingerprint so participating platforms can block re-uploads without you sending the image anywhere.
- Do not pay a person demanding money to delete an image: payment almost always leads to further demands.
- Apply for a harassment protection order: it is free and can prohibit further sharing.
Where to go
- South African Police Service, nearest station.
- Film and Publication Board online complaints.
- Legal Aid South Africa.
Worth knowing
A harassment protection order can be obtained at a magistrate's court without a lawyer and without a fee, and the court can order the service provider to identify an anonymous poster. The combination of a free protection order and a disclosure direction is unusually effective, and neither requires a lawyer.
Official sources and links
- gov.za — official government portal
- South African Human Rights Commission — constitutional rights body