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Question
Posted by: Stupidity is Expensive | 2014/09/18

Can I do something to this third party?

My husband works internationally and we have been going through a tough time financially and emotionally. About two months ago an old friend of mine contacted me and we started chatting and somehow it changed into him sending me naked photos and me sending him back. It only happened once but the fact is it happened. I downloaded photo's to my work pc with the intention of putting it on a cd to take home but did not realize those pictures were downloaded as well. I resigned from my job quite suddenly and completely forgot about the photo's. My previous employer found it on the pc under the folder I named M Private. Without my knowledge he contacted my sister in law and now has contacted my husband as well. I was of the intent to tell my husband about this because I felt bad about what I have done but did not get the chance as someone slipped him the photo's. I have no problem with the fact that he is now considering divorcing me as I was in the wrong but what the other two parties did was unfair and meddling in my private stuff. Can I do anything to them?

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Our users say:
Posted by: Assertive | 2014/09/29

The POPI act has only just been introduced. There are still a lot of grey areas around the Act. You can have a civil claim but it would also not be easy to prove. I would say that its better that you move on with your life and keep your peace. Going to court for this will certainly drain you more. You will spend more on the legal fees than any amount they would be ordered to pay if any. Your husband divorcing you is consequence to him having had a view of these photos. You have mentioned that this actually did happen. In S.African law you are allowed to defame a person, so long as its true. So, if i were you I would just accept and move on. Life happens!

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