In a groundbreaking judgment and said to be the first time that such an award has been made in South Africa, a Germiston couple was ordered to pay R3.5 million in damages to a woman who was subjected to revenge porn and terrorised online by the couple.
The man had an affair with the plaintiff, but once she found out that he was married, she dumped him.
This was the start of her nightmare ordeal as the husband created an imposter social media profile and posted pictures of a sexual nature between them online.
His wife also made various slanderous comments to people regarding the plaintiff, including to her work colleagues.
The plaintiff turned to the Gauteng High Court, Johannesburg, where she claimed damages against the couple for various online harms, including the creation of an imposter social media profile and the non-consensual sharing of intimate images.
This is a recognised form of sexual and gender-based violence, and damages for such harms have not been fully tested in South African law.
Judge Shanaaz Mia found that the conduct infringed the plaintiff’s personality, identity, dignity, privacy, and reputation. As a result, she affirmed that the plaintiff was entitled to the maximum protection of the law and awarded damages of R3.5 million for the invasive and degrading conduct.
The wife approached the plaintiff and told her that she was married to the man. The plaintiff ended the relationship immediately. The husband refused to accept that he was given the boot and used to arrive at her work in the mornings.
The plaintiff sent him a lawyer's letter ordering him to stop harassing her. The husband refused to comply and continued to send her messages.
He also threatened that he would distribute “porno videos” depicting them having sex. He threatened that for every step she took against him, he “will take three steps.” She then obtained a protection order against him.
But he did not relent and told her about a fake Facebook profile which he had created and threatened to post the videos on it. He also sent her a clip of them having sex via WhatsApp.
The plaintiff said she had no idea that he was recording them having sex. The husband threatened that if she did not have sex with him again, he would publish the video and invite her family and friends to see it.
He went ahead and posted the videos on Facebook.
The plaintiff immediately deactivated the account.
The plaintiff issued various claims against the couple for the harm caused to her, which included the fabrication of the fake Facebook page, the explicit videos which were posted, and her medical expenses as she had to undergo extensive therapy.
She also claimed damages for the shame they had brought upon her.
The contents of the video describe her as the person having sex, and there was a description given by the husband as to how they met at a filling station where he asked for her number.
It was posted that although he had a “baby on board” sign in his car window, she “commenced a relationship.”
He also posted on her fake Facebook profile that she was a “homewrecker.”
He further posted to those who always thought she was a person with morals that this was “a wake-up call.”
Her claim against the man’s wife arose from the fact that the latter told one of the plaintiff’s colleagues that she started an affair with a married man with two children.
Pretoria News
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