Why sharing the #MalusiGigaba video could land you in trouble with the law

A video in which Home Affairs Minister Malusi Gigaba performs a sexual act on himself has been making rounds on social media for the last 24 hours, but an expert has warned that there could be legal ramifications.

According to a social media law expert, anyone who shares sexually explicit images or video of another person without their consent could be held liable for crimen injuria or defamation. In both instances, the complainant can argue that their dignity has been impaired and that the distribution of the material has harmed them personally and/or professionally.

South Africa has pending cyber legislation which includes criminalising the distribution of intimate images without consent.

On Sunday Gigaba posted a series of tweets in which he said that a video which was stolen when his cellphone was hacked in 2016/17 has been making the rounds among politicians.

Gigaba said the same video had been used to attempt to blackmail him for R5 million just after former president Jacob Zuma appointed him as finance minister in March 2017.

Since the news went viral, lots of discussions on social media about Gigaba’s right to privacy as a public official, with many people expressing sympathy with the minister and his wife for having intimate parts of their relationship displayed in public.

It is not the first time the minister has been caught with his pants down. In 2015, his relationship with stylist Buhle Mkhize played out in the public arena, with Mkhize and the minister’s wife, Norma, fighting it out on social media.

https://twitter.com/JamesJamesAF/status/1056479470285193216?

https://twitter.com/ZolaNdwandwe/status/1056477650443739136?

Blackmail or extortion is definitely dark arts territory, scandalous. How embarrassing for @HomeaffairsSA minister Malusi Gigaba, he should resign or be fired

— Tixx Helsfaya (@Ghostedumshini) October 28, 2018

IOL/TIMES LIVE

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