The Film and Publishing Board (FPB) advises South Africans not to share or distribute private sexual materials without the consent of the individuals who appear in a photograph or video.
This comes after ‘The Star’ published an article this week about a man who shared a video showing two individuals having sex at the back of a car. According to the poster, the aim was to expose the adults involved in an act considered public indecency.
At this stage, it is unclear if the poster will be arrested or is already arrested. Independent Media will investigate further.
The video is still going viral on various social media platforms including X and TikTok. On X, it had been viewed 10 million times by Monday.
The shadow of a person recording the video is seen just standing and watching as the man does his thing, until an alarm of a car is heard going off. All of a sudden, the activity comes to a halt, the woman pulls up her underwear while the man pulls up his trousers and fixes himself.
The man recording is then seen going to the rear of the car, exposing the registration number (registration withheld).
The FPB has requested social media platforms to take down the content in accordance with the procedure in Section 77 of Electronic Communications and Transactions 25 of 2002 and shall also initiate investigation in terms of Section 18E of the Act.
The institution told ‘The Star’ that it had been alerted to the video.
The board said Section 18F (1) of the FILMS AND PUBLICATIONS ACT NO. 5 OF 1996, as amended (“the Act”), provides that no person may expose, through any medium, including the internet and social media, a private sexual photograph or film if the disclosure made without the consent of the individual or individuals who appear in the photograph or film; and with the intention of causing that individual harm.
“Any person who distributes such a private sexual video in any medium including the internet and social media shall be guilty of an offence and liable upon conviction to a fine not exceeding R300 000 or to imprisonment for a period not exceeding four years or to both a fine and such imprisonment,” said FPB’s Regulatory Development Enforcement executive advocate Makhosazana Lindhorst.
National SAPS spokesperson Brigadier Athlenda Mathe said in South Africa, public indecency is primarily governed by common law, which means that it is controlled by case law and the decisions of South African courts rather than legislation.
The crime is committed by the intentional commission of an unlawful act which tends to deprive or which outrages public decency, which takes place in public. Mathe said the legal framework does not provide a specific statute solely dedicated to public indecency; instead, it encompasses a range of inappropriate behaviours in public spaces.
She said public indecency generally refers to acts that are considered offensive or obscene when performed by the public. This can include sexual acts, lewd behaviour, or any conduct that violates societal norms regarding decency.
When it comes to criminal charges, Mathe said individuals found guilty of public indecency may face criminal charges under common law principles. The penalties can vary significantly based on the nature of the offence and the jurisdiction.
“While there is no singular statute defining public indecency in South Africa, offenders can face fines, imprisonment, community service, or probation depending on the circumstances surrounding their actions. The exact sentence will depend on the specific details of the case and the judge's discretion,” Mathe said.
FPB said the public is advised to report any contravention of the Act to FPB as follows: Website
https://complaints.fpb.org.za