Non-consensual Intimate Image Distribution: The Legal Landscape in Kenya, Chile and South Africa

This paper provides an overview of the state of the law, both existing and proposed, in three countries in the Global South as it relates to the non-consensual distribution of intimate images. This analysis set out to survey the legal landscape as it pertains to three countries in the Global South. It made clear that the current legal remedies for addressing NCIID can be insufficient in protecting victims or punishing perpetrators. In countries such as Kenya, Chile and South Africa, where NCIID-specific legislation is not yet in force, victims have resorted to accessing justice through legislation prohibiting cyber harassment, defamation, extortion, improper use of information technology and domestic violence, among other provisions. In some instances, domestic laws within this space have been shown to be plagued with a variety of caveats that make prosecution for NCIID extremely difficult, posing challenges for victims in pursuit of justice.