Zimbabwe’s Postal and Telecommunications Regulatory Authority (POTRAZ) has expressed concern over the rising number of cases involving the sharing of intimate images and videos without consent. The regulatory body has said that individuals engaging in such activities could face prosecution under the Data Protection Act, potentially leading to a five-year jail term.
The recent incident involving Felistas Murata, popularly
known as Mai TT, a social media influencer, has brought the issue to the
forefront. Nude pictures and videos of Murata were leaked on various social
media platforms, allegedly by her ex-husband.
Potraz’s Director-General, Dr Gift Machengete, released a
statement addressing the issue, highlighting the violation of the Data
Protection Act through the circulation of such content.
“Potraz as the designated Data Protection Authority of
Zimbabwe has noted with concern the increasing number of incidents of
collection, sharing, distribution and or broadcasting of intimate images and or
videos without the consent of the person whose intimate images and or videos
would have been shared,” said Dr Machengete.
“The purpose of this notice is to advice members of the
public that: 1. Intimate images and videos form part of personal information
which is categorised as sensitive data under the Cyber and Data Protection Act
[Chapter 12:07]. The Act prohibits the collection, sharing and distribution of
sensitive data without the consent of the data subject. 2. The Cyber and Data
Protection Act (Chapter 12:07] as read with Section 164E of Criminal Law
Codification & Reform Act [Chapter 9:07] prohibits the collection,
transfer, sharing and or broadcasting of intimate images and or videos without
the consent of the person concerned.”
He said the law seeks to curb the humiliation and
embarrassment of persons whose intimate images and or videos would have been
shared.
“It also empowers
citizens to have control over the processing of their personal information.
This is in line with the fundamental rights to human dignity and the right to
privacy as enshrined in the Constitution of Zimbabwe in Sections 51 & 57
respectively,” he said.
Dr Machengete said those found sending needs will be liable
for prosecution.
“Those who continue to collect, share, distribute and or
broadcast intimate images and or videos without the consent of the data subject
of the images and or videos shall be liable for imprisonment for a period up to
five (5) years or a fine up to level ten and or both such fine and such
imprisonment,” said Dr Machengete.
“Members of the public are strongly advised against the
collection, sharing or distribution and or broadcasting sensitive personal
information, including any intimate images and or videos of any person without
the consent of the data subject.”
He said the authority will take appropriate members to
protect the public from those who abuse social media. Chronicle
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