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To what extent does South Africa's legal framework offer adequate protection to victims of non-consensual pornography?

This dissertation aims to analyse to what extent the South African legal framework offers adequate protection to victims of non-consensual pornography. Non-consensual pornography, understood as the unlawful distribution of intimate content without a person's consent, has gained popularity on the int...

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Main Author: Van Der Spuy, Lara
Other Authors: Omar, Jameelah
Format: Thesis
Language:English
Eng
Published: Department of Public Law 2025
Subjects:
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access_status_str Open Access
author Van Der Spuy, Lara
author2 Omar, Jameelah
author_browse Omar, Jameelah
Van Der Spuy, Lara
author_facet Omar, Jameelah
Van Der Spuy, Lara
author_sort Van Der Spuy, Lara
collection Thesis
description This dissertation aims to analyse to what extent the South African legal framework offers adequate protection to victims of non-consensual pornography. Non-consensual pornography, understood as the unlawful distribution of intimate content without a person's consent, has gained popularity on the internet. This new form of cybercrime has posed challenges to lawmakers who have struggled to write legislation that could effectively combat it. Clear and effective laws against this offence are crucial in protecting victims and also their right to privacy and sexual autonomy. In South Africa two primary pieces of legislation deal with non-consensual pornography, the Films and Publications Amendment Act and the Cybercrimes Act. There are various non-criminal remedies available, such as initiating a civil claim for damages through the Protection of Personal Information Act 4 of 2013, but I argue that the harm caused by non-consensual pornography requires the maximum deterrence in the criminal law. This research aims to analyse the effectiveness of the South African legislation available to victims, and identify gaps that could be improved.
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institution University of Cape Town (South Africa)
language English
Eng
last_indexed 2026-06-10T12:33:13.838Z
license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2025
publishDateRange 2025
publishDateSort 2025
publisher Department of Public Law
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spelling oai:open.uct.ac.za:11427/41227 To what extent does South Africa's legal framework offer adequate protection to victims of non-consensual pornography? Van Der Spuy, Lara Omar, Jameelah Public Law This dissertation aims to analyse to what extent the South African legal framework offers adequate protection to victims of non-consensual pornography. Non-consensual pornography, understood as the unlawful distribution of intimate content without a person's consent, has gained popularity on the internet. This new form of cybercrime has posed challenges to lawmakers who have struggled to write legislation that could effectively combat it. Clear and effective laws against this offence are crucial in protecting victims and also their right to privacy and sexual autonomy. In South Africa two primary pieces of legislation deal with non-consensual pornography, the Films and Publications Amendment Act and the Cybercrimes Act. There are various non-criminal remedies available, such as initiating a civil claim for damages through the Protection of Personal Information Act 4 of 2013, but I argue that the harm caused by non-consensual pornography requires the maximum deterrence in the criminal law. This research aims to analyse the effectiveness of the South African legislation available to victims, and identify gaps that could be improved. 2025-03-24T09:50:51Z 2025-03-24T09:50:51Z 2024 2025-03-24T09:47:03Z Thesis / Dissertation Masters Master http://hdl.handle.net/11427/41227 en Eng application/pdf Department of Public Law Faculty of Law
spellingShingle Public Law
Van Der Spuy, Lara
To what extent does South Africa's legal framework offer adequate protection to victims of non-consensual pornography?
thesis_degree_str Master's
title To what extent does South Africa's legal framework offer adequate protection to victims of non-consensual pornography?
title_full To what extent does South Africa's legal framework offer adequate protection to victims of non-consensual pornography?
title_fullStr To what extent does South Africa's legal framework offer adequate protection to victims of non-consensual pornography?
title_full_unstemmed To what extent does South Africa's legal framework offer adequate protection to victims of non-consensual pornography?
title_short To what extent does South Africa's legal framework offer adequate protection to victims of non-consensual pornography?
title_sort to what extent does south africa s legal framework offer adequate protection to victims of non consensual pornography
topic Public Law
url http://hdl.handle.net/11427/41227
work_keys_str_mv AT vanderspuylara towhatextentdoessouthafricaslegalframeworkofferadequateprotectiontovictimsofnonconsensualpornography