Involuntary Porn Stars, Upskirt And Downblouse Photography: Are They Huge Problems In Zimbabwe?

Written by Joyline Maenzanise

Technology – it is helpful and it is also dangerous. On the upside, we can – among many other benefits – easily access information. On the downside, there is the risk of having various forms of information retrieved and/or disseminated without the consent of affected individuals.

Earlier today, I came across an article published by the British Broadcasting Corporation (BBC) on how certain campaigners in the UK are fighting to have a practice known as upskirting listed as a sexual offence. Labeling this practice as a sexual offence is seen to enable the police to actively pursue such crimes and see to it that perpetrators are brought to book.

The article also reported that this practice, which has seen a 10-year-old fall victim to it, often takes places in various public spaces such as clubs, shops or restaurants and mobile phones are frequently used while women are usually the target. It is this story that prompted me to write this article so, hopefully, Zimbabwe(ans) can also engage with the issue.

You may be wondering, what is upskirting and the similar, downblousing?

Upskirting is the practice of taking photographs under an unsuspecting person’s skirt in order to capture an image of their underwear or genitalia. On the other hand, downblousing is the practice of taking photographs down the top of a person’s dress, blouse or other garment, thus capturing an image of their breasts or cleavage.

Where these two practices are concerned, either the person taking the photograph is hidden or it is the camera that is hidden or disguised. Applications that enable one to disguise their screen while taking the image or the ability to turn the shutter noise off on a camera make it easy for the individual to take such photographs without being caught. Being in crowded spaces also makes it easy for one to capture these images.

The camera shutter sound as annoying as it is sometimes is there for a reason. Samsung made it important that all their phones should make a sound when taking photos because this practise of upskirting and downblousing and other similar things were common in the Asian markets particularly Japan and South Korea.

Is this a thing in Zimbabwe?

It is not clear how huge a problem this illicit form of photography is in our country but, it is still important that individuals who are generally targeted become aware of these practices and understand them for what they really are (or, should be regarded as) – sexual harassment.

It is also important that we always remind each other not to use our technology savviness in ways that are unethical and infringe upon other people’s fundamental rights. On that same token, it is a reasonable argument that laws should be set in place that safeguard the dignity of would-be victims and mete out punishment to those found guilty of this sexual crime.

Which brings us to these questions:

What does the law of Zimbabwe say about such practices?

There is no clause in the 2013 Constitution and the Criminal Law (Codification and Reform) Act [9:23] that clearly labels these forms of photography as criminal offenses. However, there are clauses that speak towards the gross violation of human rights which are worth knowing and may form the basis for laying charges against perpetrators who are caught.

Section 51 of the Constitution says that “everyone has inherent dignity in their private and public life and has the right to have that dignity respected and protected”. Section 53 adds that “no person may be subjected to physical or psychological torture or to cruel, inhuman or degrading treatment or punishment” while Section 57 stipulates that “every person has the right to privacy…”

Clearly, taking sexually explicit images of people without their consent is a violation of their privacy and dignity.

Where the Criminal Law (Codification and Reform Act) is concerned,

Section 95 stipulates that “any person who, by words or conduct (a) seriously impairs the dignity of another person; or (b) seriously invades the privacy of another person; shall be guilty of criminal insult if he or she intended his or her words or conduct to have an effect referred to in paragraph (a) or(b) or if he or she realised that there was a real risk or possibility that his or her words or conduct might have such an effect, and shall be liable to a fine not exceeding level six or imprisonment for a period not exceeding one year or both.

While we may argue about the legality of upskirting and downblousing or even the ambiguity of certain clauses in out statutes, one cannot deny how disrespectful such practices are. We need to respect other people’s bodies and their personal spaces and we need to understand the concept of consent.