Photos or images of a person are shared online or with others without their consent.
Premiumintermediate8 minutes
The Situation
What They Said
“I posted your photos online. You were with me when they were taken — I can do what I want with them.”
Someone shares photographs or images of another person on social media or messaging platforms without the subject's consent — whether the images are intimate or simply private.
Taking a photograph does not grant unlimited rights over the subject depicted. Being present when a photo was taken does not transfer the right to share it publicly. The subject of a photograph — particularly in intimate or private settings — retains rights over the use of their image. This is especially true for intimate images, where non-consensual sharing is a criminal offence. But the principle applies more broadly: a person's image is personal information, and its circulation without consent can violate dignity and privacy rights.
What the Law Says
Your Legal Foundation
Cybercrimes Act 19 of 2020
Section 15 — Non-consensual sharing of intimate images
“Any person who discloses, without consent, an intimate image of another person is guilty of an offence.”
Sharing intimate images without consent is a criminal offence under the Cybercrimes Act. Conviction can result in imprisonment.
Protection of Personal Information Act 4 of 2013
Section 11 — Consent to process personal information
“Personal information — including images — may only be processed with the data subject's consent.”
A person's image is personal information. Posting it online without consent is unlawful processing under POPIA.
Constitution of the Republic of South Africa, 1996
Section 10 — Human dignity
“Everyone has inherent dignity and the right to have their dignity respected and protected.”
Sharing another person's images without consent — particularly intimate ones — is a direct violation of their dignity. Courts have awarded damages in such cases.
What Scripture Says
God's Word on This
Genesis 9:22-23 (NET)
“Ham, the father of Canaan, saw his father's nakedness and told his two brothers outside. But Shem and Japheth took the garment and placed it on their shoulders... they walked in backwards and covered their father's nakedness.”
The contrast in Genesis 9 is instructive: Ham exposed what should have been private — and was cursed for it. His brothers covered it with their backs turned, honouring dignity over curiosity. The principle of covering rather than exposing another person's vulnerability is ancient.
1 Peter 4:8 (NET)
“Above all, keep your love for one another fervent, because love covers a multitude of sins.”
Love, in the biblical sense, covers — it does not expose, humiliate, or strip another person's dignity for public consumption. Sharing private images without consent is the opposite of this.
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You Know the Law — But Do You Know What to Say?
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What They'll Say Next
Common Counter-Arguments
After you respond, they may push back with these arguments. Members get the full rebuttal for each.
They might say: “You consented when you posed for the photo.”
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They might say: “The image is already public — removing it does nothing.”
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