In a landmark ruling, the Johannesburg High Court has ordered a couple to pay R3.5 million in damages to a woman who was the victim of a revenge porn incident and defamation. The case, which highlights the dangers of digital abuse and harassment, has set a precedent in South African law regarding the protection of an individual’s privacy and reputation in the digital age.
The woman, identified as Alison (a pseudonym), approached the court after discovering that her former boyfriend, Mike (also not his real name), had shared intimate videos and images of her without her consent. Additionally, Mike’s wife, Martha (also a pseudonym), was found to have made defamatory statements about Alison to others, further damaging her reputation.
Alison and Mike had been in a romantic relationship from August 2014 to January 2015. At the time, Mike claimed he was not married and even proposed to Alison in December 2014. However, in January 2015, Mike’s wife, Martha, contacted Alison, revealing that she was, in fact, married to Mike. The revelation led Alison to end the relationship, but Mike’s refusal to accept the breakup set the stage for the disturbing events that followed.
Mike began showing up at Alison’s workplace every morning, and despite being asked to leave her alone, he continued to send harassing messages through WhatsApp. In one such message, he threatened to send explicit videos they had filmed together to Alison’s attorney. The threats escalated, with Mike warning Alison that he would share the videos with her family, friends, and professional contacts.
In August 2015, Mike took the harassment a step further by creating a fake Facebook profile. He sent Alison a link to the profile, where he posted explicit videos and images that had been recorded without her consent during their relationship. Alison was horrified to discover that Mike had not only taken intimate photos and videos of her without her knowledge but had also shared them publicly online.
Mike threatened Alison that unless she agreed to sleep with him again, he would share the explicit content with all their mutual friends and family. As a result, Alison began receiving calls from friends and relatives who had already seen the videos on the fake Facebook profile.
Alongside the revenge porn, Martha played a key role in defaming Alison. She contacted Alison’s colleagues, spreading damaging and false allegations about her, further tarnishing Alison’s professional reputation. Alison claimed that Martha spoke to a former colleague, making defamatory remarks about her character, which impacted her relationships at work.
The emotional toll on Alison was significant. In her testimony, she explained that the distress caused by the harassment and public humiliation led her to seek psychological help. She was diagnosed with post-traumatic stress disorder (PTSD), and the medication she was prescribed had a severe impact on her health.
In its judgment, the court ruled in favour of Alison, finding both Mike and Martha responsible for infringing on her privacy, personality, and reputation. The court acknowledged the severe impact the ordeal had on Alison, both personally and professionally, and ordered the couple to pay R3.5 million in damages. This sum includes compensation for the emotional and psychological trauma she endured, as well as the medical costs associated with her treatment for PTSD.
The court further ordered that both Mike and Martha pay Alison’s legal costs, including those related to the application for default judgment, expert’s fees, and attorney-client scale.
This case marks a significant milestone in South Africa’s legal approach to revenge porn, digital harassment, and defamation. It underscores the importance of protecting individuals’ rights to privacy and reputation, especially in the digital realm where personal information can be easily shared and exploited. The ruling also sends a clear message that revenge porn and defamation will not be tolerated, and victims of such actions are entitled to seek legal recourse and damages.
For Alison, the judgment is a hard-won victory, offering some financial and emotional relief after enduring a traumatic experience. As South Africa continues to confront the issue of digital abuse, this case serves as an important reminder of the power of the law to protect individuals from harm and hold perpetrators accountable for their actions.
