| (1) | No person may expose, through any medium , including the internet and social media, a private sexual photograph or film if the disclosure is made— |
| (a) | without the consent of the individual or individuals who appear in the photograph or film; and |
| (b) | with the intention of causing that individual harm. |
| (2) | It is a defence for a person charged with an offence under this section to prove that he or she reasonably believed that the disclosure was necessary for the purposes of preventing, detecting or investigating crime. |
| (3) | The prohibition referred to in subsection (1)shall apply notwithstanding that the individual who appears in the photograph or film might have consented to the original creation of such photograph or film. |
| (4) | For the purposes of this section and section 24E a photograph or film is 'private' if, judging from the context in which the photograph or film is taken or made, it was not intended by any individual in the photograph or film to be seen by others. |
| (5) | For the purposes of thissection a photograph or film is 'sexual ' if such photograph or film— |
| (a) | it shows all or part of an individual's exposed female breasts, anus, genitals or pubic area; |
| (b) | it shows something that a reasonable person would consider to be sexual because of its nature; or |
| (c) | its content, taken as a whole, is such that a reasonable person would consider it to be sexual. |
| (6) | For the purposes of this section and section 24E, 24F and 24G, the internet service provider shall be compelled to furnish the Board or a member of the South African Police Services with information of the identity of the person who published the private sexual photograph or film. |
[Section 18F inserted by section 19 of Proc 52, GG 45959, dated 25 February 2022]
