Malawi court fines man K6 000 for circulating girlfriend’s nude pictures
Mangochi Second Grade Magistrate on Tuesday ordered one, Juma Machakwani, to pay K6, 000 for damages in a case where the man was accused of circulating nude pictures of his girlfriend.
The court records indicated that Machakwani’s girlfriend, Sheilla Chimwala, took the man to court after her nude pictures went viral on social media despite the two’s agreement to keep the pictures away from public eyes.
It was heard that the two took each others’ pictures on August 24, 2017 at Nkopola Lodge where they had gone on a date.
The court was informed that although the agreement between the two was that the pictures should, at no cost, be uploaded on the social media, on September 29, 2017, the pictures and videos of the woman went viral on social media prompting the woman to sue Machakwani.
The court learned that, in turn, the woman on October 4, 2017 uploaded on the social media, some other videos depicting both characters.
Second Grade Magistrate, John Mpwahiwa said the accused had denied to have had any agreement with the complainant that the pictures should not be for public consumption.
“The plaintiff tendered to court a disc containing the pictures as part of evidence but the court expected her to tender the phone which contained the pictures in question as per the allegations that the videos and pictures were circulating via phone, and not a disc,” he explained in his judgement.
He continued: “This showed that she failed to prove her case by failing to provide proper evidence.”
The Magistrate observed that the woman’s conduct in undressing and dancing naked before the camera was on her own volition and that nobody forced her.
Mpwahiwa found the case weak but he, nonetheless, ordered the man to pay K6, 000 for damages.
Sheila Chimwala hails from Chomba Village in the area of Traditional Authority Mponda in Mangochi and Juma Machakwani hails from Chomba Village in the area of Traditional Authority Mponda in the same district.
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Privacy laws at play before a magistrate court by the plaintiff, who could have engaged a lawyer to pursue the case on her behalf. Legal technicalities were involved. Question is: What does the Chimwemwe Mputahelo Case say about guidelines in accepting electronic records in court as evidence? In any case, chances of appealing against the minimal award are there. When taking pictures in any intimate relationships, care ought to be taken if there are chances that the other party may use them for ulterior motives. Such pictures may be used in Photoshop and it may cause uproar.
No way
The man should have been jailed at least a year.
The man should have been jailed