Can Matshidiso Matilda sue or open case against Limpopo Boy for distribution of footage?

JOHANNESURG - Can Matshidiso Matilda sue or open case against Limpopo Boy for "distribution" of footage after their intimate moment went viral?

Is what many South Africans wish to know. 

Content creator Matshidiso was filmed by dancer Limpopo Boy while both a were naked in a private room. Matshidiso might have consented to be naked in close proximity with Limpopo Boy and taken by the moment to appear on camera. However, it is unclear whether she consented for Limpopo Boy to allegedly keep the video and distribute it.

APPLYING THE SOUTH AFRICAN LAW

According to the country's law pertaining to filming of private moments entails:

1. Private situations: Secretly filming someone where they reasonably expect privacy can raise serious privacy and potentially criminal-law concerns.

2. Audio recordings: South Africa's RICA legislation has specific rules concerning interception of communications. In certain circumstances, a participant in the communication can consent to an interception, but the precise circumstances matter. 

3. Sharing or publishing the footage: Even if recording itself was lawful, posting, distributing or using identifiable footage can create additional privacy and POPIA issues. POPIA protects personal information and gives effect to the constitutional right to privacy.

Meanwhile, Limpopo Boy has since released a statement pleading with his fans to refrain from distributing the video while he explores legal channels to deal with the matter.