Sexting law: South Africa

Sexting Laws in South Africa

South Africa criminalised sharing intimate images without consent through the Cybercrimes Act, which came into force in December 2021, and through changes to the Films and Publications Act.

Last reviewed: 9 November 2026

In short

Consensual sexting between adults is legal in South Africa. Sharing someone's intimate image without consent, whether it is real or "simulated", is a crime under section 16 of the Cybercrimes Act and can carry up to 3 years in prison. Sexual images of anyone under 18 are child sexual abuse material.

The Cybercrimes Act 19 of 2020

Section 16: it is an offence to unlawfully and intentionally disclose, by means of an electronic communications service, a message containing an intimate image of another person without their consent.
Maximum penalty: a fine, up to 3 years in prison, or both.

The Act defines an intimate image as a depiction of a person, real or simulated, who is nude, whose genitals or anal region are shown, or (for women) whose breasts are shown. Including "simulated" images means sharing edited or AI-generated nudes of a real person is likely to be covered. The person's consent to the image being taken, or to receiving it, is not consent to it being shared further.

Under section 17, anyone who helps, encourages or instructs someone else to share an image commits an offence too. Re-sharing or forwarding an image someone else leaked can also be a crime.

Related sections of the same Act cover messages that threaten people or property (section 15) and messages that incite violence (section 14). These can apply to sextortion threats.

The Films and Publications Act

The Films and Publications Amendment Act 2019 made it an offence to share private sexual photos or films of someone without their consent, with intent to cause them harm. Higher penalties apply where the victim can be identified. The Film and Publication Board can also order online content to be taken down.

Unsolicited sexual images

South Africa doesn't have a specific cyberflashing offence. Sending someone explicit material they didn't ask for can be harassment, for which victims can get a protection order under the Protection from Harassment Act 17 of 2011. Sending it to a child is an offence under the Sexual Offences Act.

Under-18s

The age of consent in South Africa is 16. But under the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 and the Films and Publications Act, sexual images of anyone under 18 are child sexual abuse material. Creating, possessing or distributing them is a serious offence. Exposing a child to pornography is also an offence under section 19.

Where to get help in South Africa

  • SAPS: 10111 in an emergency, or report at your local police station
  • Film and Publication Board: to report harmful content and request takedowns
  • GBV Command Centre: 0800 428 428
  • Childline South Africa: 116
  • StopNCII.org: blocks adult images from spreading on major platforms

Need help right now?

If you or someone else is in immediate danger, call 999 (UK), 112 (Ireland/EU), 911 (US/Canada) or 000 (Australia).