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Persons who have been sharing the most recent viral pornographic video face prosecution if caught, according to law enforcement sources.
In the nine-minute video, which is being circulated via Whatsapp and Facebook, a woman, with her hands and feet tied, is having sex under the influence of drugs, with a numbe of males in her company.
According to the legal source, persons can be prosecuted under sections 313 and 314 of the Criminal Code.
Five years in jail is the punishment for a person who is convicted of intentional libel and two years for a person convicted of negligent libel.
Section 313 states: “(1) A person commits the offence of libel who, by print, writing, painting, effigy, or by any means otherwise than solely by gestures, spoken words, or other sounds, unlawfully publishes any defamatory matter concerning another person, whether living or dead, either negligently or with intent to defame that other person.”
Section 314 defines what is considered to be defamatory: “(1) A person is defamed if matter is imputed to him or her which amounts to a crime, or which imputes to him or her misconduct in any public office, or which is likely to injure him or her in his or her occupation, calling, or office, or to expose him or her to general hatred, contempt or ridicule.”
Persons have been debating on social media whether the sexual act was consensual or forced, but law enforcement officials say ascertaining this this may not be as easy as it appears.
A police investigation can be launched based on complaints by the woman in the video or someone on her behalf, however at the end of the day, the law enforcements note that proceeding with prosecution rests on the alleged victim.
“In many cases alleged victims express their wish not to proceed and this is always an uphill task for the police,” one of the sources said.
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