REVENGE PORN AND DEEPFAKE NUDES
30 April 2025
You may have noticed from international news that the United States Congress passed a bill on the 28th of April 2025 to combat revenge porn and the distribution of so-called “deepfake nudes.” You may be wondering whether South African law provides us with similar protection.
I’m pleased to reassure you that it does. The Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 criminalises the non-consensual disclosure of intimate images and provides for penalties for such conduct. This Act has been in effect since the 16th of December 2007. If you follow our blog, you may already be aware that the Films and Publications Amendment Act of 2019 also criminalises the knowing distribution of private images or footage of a sexual and/or compromising nature of another person without that person’s consent and with the intention to cause harm. Furthermore, the Cybercrimes Act of 2020 criminalises the unlawful and intentional disclosure of an intimate image.
What about deepfake nudes? These are a form of synthetic pornography created by altering existing photographs or video using AI-based technology. In other words, the creator of a deepfake nude can take innocent images or videos of a person and digitally manipulate them—often by overlaying that person’s face onto pornographic material—making it appear as if it is a nude image or explicit video of the victim.
Scary, I know.
Does South African law protect us against the distribution of deepfake nudes? Yes, it does. The Cybercrimes Act of 2020, in Section 16, specifically provides for the offence of distributing “imitated images,” which includes deepfake content.
What should you do if you fall victim to revenge porn or the distribution of deepfake nudes? The first recommended course of action is to report the unlawful distribution to the platform where it occurred. Clearly state that the content was distributed without your consent, demand that it be removed, and request that action be taken against the person responsible. Platforms such as Facebook, Instagram, TikTok, and even Pornhub have strict policies in place to protect victims of revenge porn and deepfake exploitation.
Next, report the matter to the SAPS. It is advisable to ask your attorney to assist with preparing your statement to the police, to ensure that all the elements of the crime and the relevant legal provisions are accurately referenced, which is essential for successful prosecution. You should also consult your attorney on whether to seek an interdict and possibly pursue a civil claim for damages from the perpetrator.
From the above, you can be assured that South African law, in respect of the protection of victims of revenge porn and deepfake nudes, is on par with—if not ahead of—many other countries. Your rights are protected.
Elmien Liebenberg
Practicing Attorney at Cavanagh & Richards
Tel: 012 940 1947
E-mail: in**@**************co.za
Good day,
I need advise and assistance please. My daughter fell victim of revenge porn. She is being blackmailed by an unknown person who has published a video of her on a porn site.
We have reported the case to the police but is still awaiting the case number. What are we to do and what steps can we take