Postal and Telecommunications Regulatory Authority (Potraz) has cautioned that sharing or broadcasting intimate images or videos without the subject’s consent might result in a five-year prison sentence.
This occurs at a time when regional media sources, including those in Zimbabwe, virtually never go a day without covering revenge pornography or other vices of a similar nature.
Under the recently revised Data Protection Act, it is now illegal to distribute private images or videos of identifiable people without their permission on social networking sites like WhatsApp and Twitter.
The regulation aims to prevent those whose private photos and videos would have been released from feeling humiliated and embarrassed.
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More details on the term
Potraz general manager Dr Gift Machengete issued a statement yesterday warning the public that revealing private information unlawfully could have legal repercussions.
According to him, “POTRAZ as the designated Data Protection Authority of Zimbabwe has noted with concern the increasing number of incidents of collection, sharing, distribution and or broadcasting of intimate images and or videos without the consent of the person whose intimate images and or videos would,” he said.
Despite the possibility of a level 10 fine, persons who share intimate videos on WhatsApp groups and other social media sites risk up to five years in prison or both if they do so.
According to Dr. Machengete, intimate photos and videos are considered sensitive material under the Cyber and Material Protection Act and are included in the category of personal information.
Without the data subject’s consent, the Act forbids the collecting, sharing, and distribution of sensitive data.
“The Act prohibits the collection, sharing and distribution of sensitive data without the consent of the data subject.
“The Cyber and Data Protection Act (Chapter 12:07) as read with Section 164E of Criminal Law Codification & Reform Act )Chapter 9:07) prohibits the collection, transfer, sharing and or broadcasting of intimate images and or videos without the consent of the person concerned.”
The law also gives citizens discretion over how their personal information is processed. “The public is strongly cautioned against gathering, disclosing, or broadcasting sensitive personal information, including any intimate photos or videos of any person, without the data subject’s consent.”
Dr. Machengete stated that the Authority shall take appropriate regulatory action to ensure a high standard of data protection for citizens.
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There have been numerous instances of displeased men and women disseminating sexually explicit material in an effort to degrade their ex-partners in Zimbabwe, and presumably throughout the world.
The tendency of jilted lovers or ex-lovers to post nudes of their former partners on social media without their knowledge is most common following a contentious separation. Recently, social media went into overdrive after Mai Tt (real name Felistas Murata), a star on the internet, allegedly had her nude photos released by her ex-husband in an effort to shame her.
However, people either purposely or accidentally violate the Cyber Security Act by sharing the purportedly obtained footage on social media networks.