ZCAS students sex tape scandal- a legal and moral perspective

By at November 20, 2011 | 11:46 am | Print

The Zambian corner of cyberspace is buzzing with discussions about the leaked sex tape made by two ZCAS students, Iris Kaingu and her boyfriend identified as Nathan. ZCAS has expelled the students supposedly for bringing the institution into disrepute and the police have opened an investigation into the matter.

According to The Post,  the movie was filmed two months ago and saved on Nathan’s laptop. When Nathan travelled out of town, he left his laptop with friends who stumbled upon the video.  The friends started circulating the movie within the school, but at some point the film leaked into the general public and  someone posted it online. Controversially,  The Post, had included a link to the online video in both its print and online editions.

Most Zambian internet users have seen at least one pornographic movie before, but it has always been the international variety. The reason Zambians are so intrigued by this video is that it seems for the first time, we have two of our very own staring in a porno.

Distribution of pornography is illegal in Zambia, but the laws are silent on creating your own private porn. This presumably means that there is nothing illegal about two consenting adults filming themselves in the act. If there is any illegal activity in this incident, it involves those individuals who distributed the video, presumably without the consent of the owners of the video, Iris and Nathan. Iris and Nathan are only guilty of being irresponsible and negligent in not adequately safeguarding their private movie. Furthermore there is no evidence from the video itself of any use of drugs as has been alleged.

It was probably in the best interest of the two students for them to not continue their studies at ZCAS because of the stigma they would face. However the legality of their expulsion is questionable because they did not voluntarily distribute their sex tape.

With regard to the issue of morality, it is no secret that students at universities and colleges are sexually active. The only difference in this case is that the sex was caught on tape. Countless other sexual encounters take place privately and unrecorded in most institutions of higher learning.

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  1. Dakac, 2 years ago Reply

    Read the law, ite illegal to make, distribute or posses porn. Check the facts before your publish your articles,
    Here is an extract of the penal code of zambia
    177. (1) Any person who- Obscene matters or things

    (a) makes, produces or has in his possession any one or more obscene writings, drawings, prints, paintings, printed matter, pictures, posters, emblems, photographs, cinematograph films or any other object tending to corrupt morals; or

    • Anonymous, 2 years ago Reply

      Thanks for the extract. Indeed that is the case and is currently the law. Strictly speaking the couple are liable to legal action. However, these laws are controversial and outdated. The same law was used in the unsuccessful prosecution of Chansa Kabwela, the post reporter who who emailed photos of a woman giving birth.

      • Nsanguborne, 2 years ago Reply

        The difference is that Chansa did not distribute pornography as there is nothing pornographic about a woman giving birth. However, for the subject at hand, the couple is liable for prosecution within the confines of the law as quoted above unless they both did not know that an unscrupulous person was taping them while they were in the act.

        • Lsktoday, 2 years ago Reply

          Though the couple may be liable for prosecution, at present, it seems unlikely that the police will take any action against them. I think most would agree that locking them up with hardened criminals is totally inappropriate.

          In the same vein, thousands of Zambians do have or have had pornography in their possession. In fact many Zambians have copies of the “ZCAS porn movie” on their computers. According to the law they should all be prosecuted.

          It seems that it is not possible to enforce this law which would suggest that it is becoming obsolete.

  2. Adjaniley, 2 years ago Reply

    they should link up with another celebrity in Kenya who goes by the name Kaz Lucas. Her nude photos also found their way on to the internet a few years ago and this became the talk of the streets. For a while she had to impose a house arrest upon herself to keep away from the stigma and interest generated upon herself.

  3. Felix, 2 years ago Reply

    What they did was a private matter..the police have to convince the court that their intent was to distribute.

  4. chenayi, 2 years ago Reply

    it is a shame for zambia especially that we are a christian nation. Where are our morals? Those two should take responsibility for what happened. Honestly how do the two live with such history, and what will their children say about them 10 years from now?

  5. chenayi, 2 years ago Reply

    they say a secret is no longer a secret if it known by more than 1 person. Why would a guy who has such videos on his laptop leave with his friends with no control to access to his files? i think it was intentional. maybe his friends are also in on this.

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