New Zim Cyber Security Act Criminalizes Sharing Someones Nudes On Social Media

IN what is likely to be game changing, Zimbabwe’s new Cyber Security law known as the Data Protection Act criminalises the sharing of another person’s private sex life on social media or digital media platforms.

By Michael Gwarisa

Zimbabwe has over the years experienced a surge in revenge porn cases whereby aggrieved lovers would after a fallout share indecent pictures and videos of their ex-lovers as a way of embarrassing them.

According to the Data Protection Act,…”Any person who unlawfully and intentionally by means of a computer or information system makes available, broadcasts or distributes a data message containing any intimate image or video of an identifiable person without the consent of the person concerned or with recklessness as to the lack of consent of the person concerned, with the aim of causing the humiliation or embarrassment of such person shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.”.

For the purposes of subsection (1) “intimate image” means a visual depiction of a person made by any means in which the person is nude, the genitalia or naked female breasts are exposed or sexual acts are displayed.”

The law adds that any person who unlawfully and intentionally by means of a computer or information system generates and sends any data message to another person, or posts on any material whatsoever on any electronic medium accessible by any person, with the intent to coerce, intimidate, harass,  threaten,  bully  or  cause  substantial  emotional  distress,  or  to  degrade,  humiliate or demean the person of another or to encourage a person to harm himself or herself, shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.

Access the Act on the blue Link below:

Data Protection Act 5 of 2021(1)

 

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