Why this happens

Intimate images shared inside a relationship survive long after the relationship ends. The most common trigger is a contested breakup, a new partner, or financial dispute.

Most leaks are first posted to platforms the perpetrator believes are anonymous. They rarely are. Account metadata, IP logs, and payment records routinely identify the source.

Legal framework in 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.

South Africa criminalised intimate image disclosure under section 16 of the Cybercrimes Act, with the Information Regulator enforcing parallel POPIA erasure rights. The aggravated offence carries up to 5 years where substantial harm results.

Evidence to preserve

Do not: Do not contact the ex partner before evidence is preserved and notices are filed. Confrontation gives them time to delete content and craft a denial.

Five step removal process

  1. 1

    Preserve all evidence first

    Full page screenshot of every URL where the content appears, with the URL bar visible. The username or account handle that posted the content.

  2. 2

    File the Cybercrimes Act 19 of 2020 section 16 criminal complaint

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

  3. 3

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

    Each major platform has a designated data protection contact. The request must cite the legal basis and identify the URLs. The platform has 30 days to respond. Information Regulator accepts complaints for non compliance.

  4. 4

    Run a biometric scan to find every additional copy

    Content posted to one platform is rarely confined to one platform. ScanErase identifies every current hosting location in a single scan, including mirror copies and AI generated variants.

  5. 5

    File TAKE IT DOWN Act notices for covered platforms

    Use your scan report to file the federal 48 hour notice yourself, in parallel with your domestic rights. The two regimes are cumulative, not exclusive.

Statutory citations to include in your complaint

Frequently asked questions

Is leaked by ex a crime in South Africa?

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

What evidence should a South Africa victim of leaked by ex preserve?

Full page screenshot of every URL where the content appears, with the URL bar visible. The username or account handle that posted the content. Any direct messages, texts, or emails from the ex partner referencing the content. The original image metadata if you still have the source file, which can prove provenance.

Does Protection of Personal Information Act (POPIA) section 24 (right to deletion) apply to this scenario?

Yes. Protection of Personal Information Act (POPIA) section 24 (right to deletion) gives the victim a direct erasure right against any platform processing the imagery. Information Regulator enforces non compliance.

What support is available in South Africa for leaked by ex?

South African Police Service Cyber Crime provides direct support to victims and can assist with both the criminal complaint and the platform removal process. Contact at https://www.saps.gov.za.

Can a South Africa victim also file a US TAKE IT DOWN Act notice?

Yes when the hosting platform is subject to US jurisdiction. The 48 hour federal removal obligation runs in parallel with rights under Cybercrimes Act 19 of 2020 section 16 and Protection of Personal Information Act (POPIA) section 24 (right to deletion).

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