Why Facebook content spreads quickly

Facebook Groups can host closed NCII trading communities that escape automated moderation. Marketplace listings have been used to distribute NCII as fake product images, and Profile photos can be reverse searched.

South Africa legal framework

Cybercrimes Act 19 of 2020 section 16 (disclosure of data message of intimate image). Up to 3 years imprisonment or fine, or both. Up to 5 years where the disclosure causes substantial harm.

The civil erasure right under Protection of Personal Information Act (POPIA) section 24 (right to deletion) is enforceable against Facebook regardless of where Facebook processes the data, where the data subject is in South Africa.

Facebook removal route

Facebook accepts NCII reports through Meta's NCII portal and through the in app report flow. Marketplace, Groups, and Profile content all share the same reporting pipeline.

Meta operates the NCII Hash Database Pilot in cooperation with the Cyber Civil Rights Initiative. A successful Facebook removal often produces a hash that is propagated to Instagram and other Meta platforms automatically.

Evidence preservation specific to Facebook

Capture the post URL, the group name, and the user profile URL. Facebook retains content metadata for 90 days post deletion which supports subpoena requests through Facebook Law Enforcement Online Requests.

Five step removal process

  1. 1

    Capture evidence from Facebook

    Capture the post URL, the group name, and the user profile URL. Facebook retains content metadata for 90 days post deletion which supports subpoena requests through Facebook Law Enforcement Online Requests.

  2. 2

    File Cybercrimes Act 19 of 2020 section 16 criminal complaint

    Report to local police or national cybercrime unit. South African Police Service Cyber Crime can assist.

  3. 3

    Submit Protection of Personal Information Act (POPIA) section 24 (right to deletion) erasure request to Facebook

    Facebook accepts NCII reports through Meta's NCII portal and through the in app report flow. Marketplace, Groups, and Profile content all share the same reporting pipeline. The request must identify the URLs and cite the legal basis. Information Regulator accepts complaints for non compliance.

  4. 4

    Run a biometric scan to find every other hosting location

    Content rarely stays on one platform. ScanErase identifies every current location in a single scan including mirrored copies and AI generated variants of the same image.

  5. 5

    Dispatch parallel TAKE IT DOWN Act notice to Facebook

    Facebook is a covered platform with a 48 hour federal removal obligation. ScanErase files the notice within 5 minutes of authorisation.

Frequently asked questions

Can Facebook be required to remove intimate images of a South Africa resident?

Yes. Protection of Personal Information Act (POPIA) section 24 (right to deletion) gives any data subject in South Africa the right to require erasure. Facebook operates a dedicated NCII removal portal that processes these requests. Where Facebook is also subject to US jurisdiction, the TAKE IT DOWN Act adds a 48 hour federal obligation.

What is the criminal exposure of the person who posted to Facebook from South Africa?

Cybercrimes Act 19 of 2020 section 16 (disclosure of data message of intimate image). Up to 3 years imprisonment or fine, or both. Up to 5 years where the disclosure causes substantial harm.

How does Facebook verify a South Africa erasure request?

Facebook accepts NCII reports through Meta's NCII portal and through the in app report flow. Marketplace, Groups, and Profile content all share the same reporting pipeline. Information Regulator can be petitioned if Facebook fails to act within the statutory window.

What evidence should I capture from Facebook?

Capture the post URL, the group name, and the user profile URL. Facebook retains content metadata for 90 days post deletion which supports subpoena requests through Facebook Law Enforcement Online Requests.

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