‘Mzungu’ boyfriend posted intimate videos of me on international platforms; what can I do?

Dear Vivian,

My ‘mzungu’ boyfriend, who visited me during the Christmas holidays, secretly recorded intimate videos and pictures of me and posted them online without my knowledge or consent. I plan to report the matter to the police as he is still around. These videos were uploaded onto international platforms; I’m concerned if there are legal avenues in Kenya to compel these companies to take the content down. Is there anything I can do?

Anonymous

Dear Reader,

What has happened to you is a gross violation of your privacy, dignity, and consent. Both Kenyan law and international standards recognise and address such violations, and there are avenues available to seek justice and have the content removed from the platforms.

First, the Constitution protects your right to privacy and dignity, which have been violated by your boyfriend’s actions. Secretly recording intimate moments and distributing them without consent is a clear infringement of these fundamental rights. Your boyfriend’s actions are not only unethical but also criminal under Kenyan law.

Read: Kenyans shame teens posting semi-nudes on the internet

In addition, the Computer Misuse and Cybercrimes Act specifically criminalises the non-consensual distribution of intimate images or videos. This law makes it an offence to share explicit content of someone without their permission, even if the individual had initially consented to the creation of such content. This law also addresses cyber exploitation, which includes using such materials for personal gain or to harm someone’s reputation, as in your case.

You are correct to plan to report the matter to the police. Filing a report will initiate an investigation into your boyfriend’s actions. The Directorate of Criminal Investigations, particularly its Cybercrime Unit, can assist in tracing the spread of the videos and images online and gathering evidence to prosecute him.

Concerning the international platforms, Kenya’s Data Protection Act is relevant. This law obligates entities, including those with operations affecting Kenyan citizens, to respect personal data and ensure its protection. You can file a complaint with the Office of the Data Protection Commissioner, requesting that these platforms be compelled to remove the content. While the commissioner’s powers may not directly extend beyond Kenyan borders, the Act provides a basis for engaging with these platforms, particularly if they have a presence or operations within Kenya.

Read: Man charged with posting lover's nudes online

Notably, most international platforms also have policies against the non-consensual sharing of intimate content, often referred to as “revenge porn” policies. You should report the content through their designated channels, providing evidence such as your police report to strengthen your case. Many platforms are responsive to such complaints and can remove the content swiftly.

Kenyan courts have previously ruled in cases involving violations of privacy and dignity in the digital space. These cases reinforce the idea that no one should be subjected to harm or exploitation through unauthorised sharing of personal content. Filing a civil suit against your boyfriend for damages could also be an option. This would allow you to seek compensation for the emotional distress, reputational harm, and potential impact on your career and social life. It is vital to act quickly, as addressing the issue promptly increases the chances of containing the spread of the content.

Vivian

The writer is an advocate of the High Court of Kenya and award-winning civil society lawyer ([email protected]).