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Jul 16, 2018 News
The recent hype over the sharing of several sex tapes on social media has caught the attention of Crime Chief Paul Williams who is warning that persons can be prosecuted for distributing obscene photographs and videos.
Some of these tapes depict persons—both males and females—performing all sorts of sexual activities. Most of these videos appeared to have been filmed using mobile phones. There have been reports of these videos being uploaded to popular porn websites such as Xhamster.
Williams told journalists that persons are now using social media to discredit or expose persons with whom they may have had consensual sexual activities.
Such an act is known as revenge porn, which is defined as the online posting or otherwise sharing of sexually suggestive images of someone, typically a former romantic partner, without the person’s consent.
These include nude photographs and amateur pornographic video recordings.
The Crime Chief explained that there is no crime committed once consent is granted in relation to the taking of the photos and videos.
However, he warned that from the time a person breaches the consent or agreement in terms of forwarding the obscene images/videos to someone else, they have committed an offence.
He further warned that every other person who continues to circulate the photographs and videos becomes criminally liable.
The law as it relates to the selling, publishing and exhibiting of obscene matter is outlined in Section 351 of the Criminal Law (Offences) Act Chapter 8:01.
According to Section 350 (1) anyone who knowingly and without lawful jurisdiction or excuse (the proof whereof shall lie on him)— (a) Publicly sells, or exposes for public sale or to public view, any obscene book, pamphlet, newspaper, or other printed or written matter, or any picture, print, engraving, photograph, model, or other objects tending to corrupt public morals; or (b) Publicly exhibits any disgusting object, or any indecent show; or (c) Publishes any obscene libel,
It further states that any person who does any of the above mentioned shall be guilty of a misdemeanour and liable to imprisonment for two years.
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