SISA NHLABATHI | Behind closed doors: privacy, intimacy and the ethics of exposure
SISA NHLABATHI | Behind closed doors: privacy, intimacy and the ethics of exposure
Publish Date: 2026-07-14 04:00:00
Source Domain: www.sowetan.co.za
Story audio is generated using AI
The recent circulation of two intimate videos has again ignited public debate. While the facts of each incident may differ, both raise a broader question that extends beyond the personalities involved.
The real issue is not merely what happened but what ought to remain private between two people who have willingly entered an intimate relationship.
The constitution provides a useful starting point. Section 14 guarantees everyone the right to privacy, including protection against unlawful intrusion into their person, property, possessions and private communications.
The wording is deliberate. It says everyone, not strangers alone, not only public figures, and certainly not only those who are on good terms with one another. Marriage does not extinguish constitutional rights. Neither does a romantic relationship.
This naturally raises difficult questions. How much privacy exists between a husband and wife? Does marriage amount to a permanent waiver of privacy? Does sharing a bed also mean surrendering every expectation of confidentiality? Or can two people occupy the same home while possessing aspects of life that remain legally and morally their own?
The law generally recognises intimacy does not erase individuality. Spouses owe each other trust, fidelity and honesty, but they do not cease to be separate legal persons. The same applies to unmarried couples. Their relationship may be deeply personal, yet each retains constitutional rights, including the right to dignity under section 10 and the right to privacy under section 14.
Relationships are built on an invisible currency called trust. Once that trust is converted into evidence for public consumption, something far greater than a relationship is lost
This becomes particularly important when photographs, voice recordings or videos are created within the confines of an intimate relationship. Technology has made recording effortless; wisdom has not necessarily kept pace.
