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

dc.contributor.advisorOmar, Jameelah
dc.contributor.authorVan Der Spuy, Lara
dc.date.accessioned2025-03-24T09:50:51Z
dc.date.available2025-03-24T09:50:51Z
dc.date.issued2024
dc.date.updated2025-03-24T09:47:03Z
dc.description.abstractThis 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.
dc.identifier.apacitationVan Der Spuy, L. (2024). <i>To what extent does South Africa's legal framework offer adequate protection to victims of non-consensual pornography?</i>. (). ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/41227en_ZA
dc.identifier.chicagocitationVan Der Spuy, Lara. <i>"To what extent does South Africa's legal framework offer adequate protection to victims of non-consensual pornography?."</i> ., ,Faculty of Law ,Department of Public Law, 2024. http://hdl.handle.net/11427/41227en_ZA
dc.identifier.citationVan Der Spuy, L. 2024. To what extent does South Africa's legal framework offer adequate protection to victims of non-consensual pornography?. . ,Faculty of Law ,Department of Public Law. http://hdl.handle.net/11427/41227en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Van Der Spuy, Lara AB - 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. DA - 2024 DB - OpenUCT DP - University of Cape Town KW - Public Law LK - https://open.uct.ac.za PY - 2024 T1 - To what extent does South Africa's legal framework offer adequate protection to victims of non-consensual pornography? TI - To what extent does South Africa's legal framework offer adequate protection to victims of non-consensual pornography? UR - http://hdl.handle.net/11427/41227 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/41227
dc.identifier.vancouvercitationVan Der Spuy L. To what extent does South Africa's legal framework offer adequate protection to victims of non-consensual pornography?. []. ,Faculty of Law ,Department of Public Law, 2024 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/41227en_ZA
dc.language.isoen
dc.language.rfc3066Eng
dc.publisher.departmentDepartment of Public Law
dc.publisher.facultyFaculty of Law
dc.subjectPublic Law
dc.titleTo what extent does South Africa's legal framework offer adequate protection to victims of non-consensual pornography?
dc.typeThesis / Dissertation
dc.type.qualificationlevelMasters
dc.type.qualificationlevelMaster
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