Considering South Africa’s highly-competitive job market, internet users – especially young people – should always be very vigilant about the content they share online, as material of a sensitive nature could surface at any time, ruining their careers and tarnishing their reputations.
In what is becoming an issue of major concern around the world, the trend of posting so-called “revenge porn” is also rapidly growing in South Africa. In response, government passed the Cybercrimes Bill to crack down on the distribution of child pornography, hate speech and revenge porn.
Revenge porn refers to the non-consensual distribution of a sexually explicit or nude image or video. This is done out of vindictiveness, usually by a former partner after the relationship comes to an end, with the aim of humiliating the victim.
Ryan van de Coolwijk, product head: cyber at iTOO Special Risks, explains that even though revenge porn is illegal, with the penalty including a fine up to R300 000 or imprisonment for up to four years, or both, some key components of the Cybercrimes Bill are not yet in effect.
Additionally, the Copyright Amendment Bill also deals with revenge porn, but this is only applicable where the victim took their own image or video, such as a selfie.
“While revenge porn – in terms of the Cybercrimes Bill – is currently a reportable offence that can result in a verdict and a sentence, some remedies are not available to the victim as yet,” he says.
These include an order to protect complainant pending finalisation of criminal proceedings; electronic communications service provider to furnish particulars to court; orders on finalisation of criminal proceedings; and penalties.
Not quite there
“The bad news for victims of revenge porn is that this legal layer of protection is not quite there yet. As such prevention is better than cure. Taking measures not to be exposed should always be your first line of defence.”
Van de Coolwijk says people should rather not make and share images and videos of an intimate nature in the first place, that way they won’t find themselves in compromising positions. And while the revenge porn landscape isn’t purely made up of young people, younger victims seem particularly vulnerable.
“Once an image or video is posted online it can very quickly and easily be saved by someone in a variety of ways, including even through a “screenshot”, and then shared multiple times with other users. So, in effect, it becomes almost impossible to permanently remove such content from the internet.
“Unfortunately, people must realise that once something is shared online, it’s out there. You never know when it will come to haunt you,” he adds.
Devastating consequences
Those targeted are often left traumatised, and in South Africa there have been suicides committed following personal sexual content about an individual being posted publicly.
“This can very easily ruin someone’s life and have permanent effects on those who fall victim to it. This is something that people must keep in mind, especially young people as they look to enter a tough job market that has few jobs to offer,” says van de Coolwijk.
“The last thing you need is for some to surface that can destroy your career before it’s even started and tarnish you reputation. Your actions and their repercussions could stay with you forever.”
The recent Netflix docuseries The Most Hated Man on the Internet, should be seen as a warning on just how devastating such an incident can be.
Fortunately, there is a way to help reduce the risks associate with revenge porn by taking out insurance cover that is specifically designed to respond to the complexities and severe repercussions that surround personal cyber incidents.
Such policies typically cover incidents that range from online banking theft to cyber bullying, and the fully comprehensive cyber insurance usually provides cover for the entire family. Revenge porn will normally be covered under cyberbullying and include the costs resulting from removal of content, lost wages, trauma benefit and experts to manage and protect the client’s reputation. Cyber extortion policies can extend to reimburse ransom payments resulting from an extortion demand to stop the posting of sensitive or explicit content.
“While not creating sexually explicit content is the best way to mitigate risk, you never know when a wrong decision can result in you or a family member finding themselves in a very precarious situation. The right insurance coverage can help at a least take the sting out of such a painful incident,” concludes van de Coolwijk.