Landmark Case: Man Fined R3.5 Million for Leaking Ex’s Photos
A High Court ruling has shaken the legal and social media landscape in South Africa. A Germiston woman was awarded R3.5 million in damages after her intimate images and videos were leaked using a fake Facebook account. The judgment is the first of its kind in the country to address revenge porn through a civil damages award.
“Her Privacy and Dignity Were Violated”
The case involved a married man and his wife, who targeted the plaintiff after the end of an extramarital relationship. Legal representatives, Mary-Jane Mphahlele Attorneys Inc, explained:
“The plaintiff ended the relationship after discovering the man was married. He began harassing her, threatening to share explicit videos unless she complied with his demands. When she obtained a protection order, he escalated his actions, sharing the videos online.”
The plaintiff’s lawyer further stated:
“The man, together with his wife, created a fake Facebook profile to distribute these recordings. These actions caused significant trauma, humiliation, and reputational harm to our client.”
The wife allegedly contributed by sending defamatory messages to the plaintiff’s workplace, worsening the emotional and psychological toll.
Judge Condemns the Actions
Judge Shanaaz Mia, presiding over the case in the Gauteng Division of the High Court, labelled the couple’s conduct as “deliberate and invasive.” She highlighted key findings:
- The recordings were made without the plaintiff’s consent.
- The fake profile exacerbated the breach of privacy and dignity.
- The plaintiff suffered from depression and PTSD, requiring psychological treatment.
“Such actions are a gross violation of human rights,” Judge Mia stated, aligning her judgment with international standards on revenge porn.
Social Media Lessons
The case is a powerful reminder of the responsibilities that come with social media use. Experts emphasise:
- Consent is Non-Negotiable: Sharing intimate content without consent violates South African laws on privacy and dignity.
- Think Before You Post: Harmful content can lead to severe legal consequences.
- Protect Yourself Online: Report fake profiles and seek legal advice if targeted.
- Help is Available: Victims of revenge porn can pursue legal remedies, as this case demonstrates.
- Accountability Matters: Courts are increasingly holding perpetrators responsible through criminal charges and civil claims.
“Landmark Decision for South African Law”
The plaintiff’s damages included R2.5 million for pain and suffering, reflecting the gravity of her ordeal. Legal commentators have hailed this ruling as a turning point.
“This judgment sends a strong message,” said a legal expert. “Revenge porn is not only immoral but will have dire financial consequences for perpetrators.”
While the compensation cannot undo the harm, it acknowledges the devastating impact of such violations and sets a precedent for future cases.
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