South Africa: Film and Publication Board opened investigation into distribution of private sexual films or photographs without consent and issued a take-down notice to social media platforms

On 10 November 2025, the Film and Publication Board (FPB) opened an investigation into the distribution of a video clip circulating on social media that depicts two individuals engaging in sexual conduct. The investigation concerns possible contraventions of section 18F(1) of the Films and Publications Act, 1996 (Act No. 65 of 1996) as amended, which prohibits exposing a private sexual photograph or film without the consent of the individuals depicted and with the intention of causing harm. A contravention is an offence punishable by a fine of up to ZAR 300’000, imprisonment for up to four years, or both. The FPB issued a take-down notice to social media platforms and said it would monitor compliance to prevent further dissemination. It also advised the public not to share, repost, or distribute the video, and noted that victims or members of the public may lodge complaints via the FPB’s client support email for investigation, potential take-down notices, and possible referral to the Enforcement Committee for adjudication and fines.