The Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ) is alarmed by the rise in incidents involving the unauthorised sharing of intimate photos and videos. According to the regulatory agency, people who engage in such actions may be prosecuted under the Data Protection Act, which might result in a five-year prison sentence.
The problem has gained attention as a result of the recent incidents involving Felistas Murata, often known as Mai TT, Apostle Talent Chiwenga,, all social media influencers. Supposedly by her ex-husband, Murata’s naked photos and videos were published on numerous social media sites.

Dr. Gift Machengete, the director general of Potraz, addressed the situation in a statement and emphasised how the dissemination of this content violated the Data Protection Act.

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“Potraz as the designated Data Protection Authority of Zimbabwe has noted with concern the increasing number of incidents of collection, sharing, distribution and or broadcasting of intimate images and or videos without the consent of the person whose intimate images and or videos would have been shared,” said Dr Machengete.

“The purpose of this notice is to advice members of the public that: 1. Intimate images and videos form part of personal information which is categorised as sensitive data under the Cyber and Data Protection Act [Chapter 12:07]. The Act prohibits the collection, sharing and distribution of sensitive data without the consent of the data subject. 2. The Cyber and Data Protection Act (Chapter 12:07] as read with Section 164E of Criminal Law Codification & Reform Act [Chapter 9:07] prohibits the collection, transfer, sharing and or broadcasting of intimate images and or videos without the consent of the person concerned.”

He said the law seeks to curb the humiliation and embarrassment of persons whose intimate images and or videos would have been shared.

“It also empowers citizens to have control over the processing of their personal information. This is in line with the fundamental rights to human dignity and the right to privacy as enshrined in the Constitution of Zimbabwe in Sections 51 & 57 respectively,” he said.

Dr Machengete said those found sending needs will be liable for prosecution.

“Those who continue to collect, share, distribute and or broadcast intimate images and or videos without the consent of the data subject of the images and or videos shall be liable for imprisonment for a period up to five (5) years or a fine up to level ten and or both such fine and such imprisonment,” said Dr Machengete.

“Members of the public are strongly advised against the collection, sharing or distribution and or broadcasting sensitive personal information, including any intimate images and or videos of any person without the consent of the data subject.”- state media