The Evil Nature of Revenge Pornography

JB TJIVIKUATHE WORD ‘PORNOGRAPHY’ comes from the Greek words porne, meaning a harlot, prostitute, or whore, and graphos, meaning a writing or depiction.

If we put both words together we arrive at ‘a depiction or description of the activities of whores’.

There are two generally re­cognised forms of pornography. Hard-core pornography, which is equated with obscenity, and anything else which may loosely be called ‘indecent’ material or soft-core porn.

Namibia is witnessing a spate of recordings being circulated of obscene, indecent and pornographic material depicting Namibian women in graphic and explicit videos.

These are widely distributed on social media without their consent, causing irreparable harm to the dignity and privacy of the subjects.

Just last Saturday, a man was arrested on charges of defamation of character after he allegedly circulated a video of his ex-girlfriend performing an intimate act on social media.

Writing something defamatory about someone on Twitter or Facebook is classified as defamation or libel under common law.

Essentially, the dignity and privacy of all people in the republic are constitutionally enshrined and protected rights.

In addition, the Communication Act, 2009 (Act no 8 of 2009), Section 11, provides for punishable miscellaneous transgressions by means of telecommunication devices, and by knowingly sharing images or films which are obscene, lewd or indecent, with intent to annoy, abuse, threaten or harass another person.

This covers all social media platforms and electronic communication.

Technological development is changing the nature of law enforcement. Illegal human activity in the analogue world is morphing and transforming into previously unknown forms.

One example is breaches of law related to revenge porn, also known as non-consensual pornography (NCP).

Its multifaceted nature manifests itself in the fact that NCP may have consequences in both civil and criminal law. These infringements are an example of the changes going on in front of our very eyes as legal systems seek to meet public expectations in terms of effective law enforcement.

WOMEN AND CHILDREN

Non-consensual pornography is the distribution of sexually explicit images, nude photographs or videos of a person posted online or otherwise, typically by a former romantic partner, without the person’s consent to cause distress and embarrassment, and to inflict hurt or harm. The main target is women.

The offence covers photos or videos showing people engaged in sexual activity not usually done in public, or with their genitals, buttocks or breasts exposed or covered only with underwear. The material may be used to blackmail the subjects into performing other sex acts, to coerce them into continuing the relationship, to punish them for ending a relationship, and/or to silence them.

Nowadays, most people have the means to share images widely. Sometimes this conduct can be a crime. This phenomenon has created a new criminal offence of disclosing private sexual photographs and films with the intent to cause distress. This is the characteristic nature of revenge or non-consensual pornography.

If a photograph or film shows something not ordinarily seen in public, it is deemed to be private. The image would be sexual if it shows private areas or if a reasonable person seeing that image or video believes it to be sexual.

Child pornography is another chronic headache. Subsequent to the enactment of the Child Care and Protection Act in 2016 – which provides comprehensive protection of children from violence, abuse, exploitation, including trafficking – a series of recommendations were added to address gaps and weaknesses in the legislative framework dealing with child pornography. It acknowledges the risks and potential abuse of internet-based communication technology and its impact on child safety.

In 1985, the US Congress appointed a commission to determine the nature, extent and impact of pornography on society.

After examining social science research, the commission’s final report said: “The clinical and experimental evidence support the conclusion that there is a causal relationship between exposure to sexual violence materials and an increase in aggressive behaviour directed towards women. We have reached the conclusion, unanimously and confidentially … that substantial exposure to sexual materials … bears a causal relationship to anti-social acts of sexual violence and, for some subgroups, possibly to unlawful acts of sexual violence …”

In summary, pornography is a real and dangerous problem in our society.

The onslaught of pornography paved the way for multitudes of men to become addicted to illicit sexual activity.

Be aware!

* Major general JB Tjivikua served in the Namibian Police in various capacities for 27 years before retiring from active service in 2017.

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