Nozipho Mvulane
Have an OnlyFans? This is how it may affect your employment.
In South Africa, employment law and involvement with platforms like OnlyFans (a subscription-based content-sharing service that often involves adult content) intersect in complex ways. Here’s a breakdown of how OnlyFans activity might affect employment in South Africa, based on current legal principles.
Employment Contracts and Employer’s Policies
Employers may have codes of conduct, morality clauses, or social media policies that regulate off-duty conduct. The CCMA, bargaining councils and the Labour Courts have accepted that derogatory statements and/or conduct on social media platforms which bring the employer’s name into disrepute or which negatively affects the workplace environment, regardless of whether it was on or off-duty, may be a fair reason to dismiss the employee.
Employees need to be especially careful regarding what they post, regardless how innocent (or justified) they may feel it is.
If your OnlyFans content violates those terms, your employer may take disciplinary action, including dismissal. For instance, If you’re a teacher or public servant, and your employer believes your OnlyFans content harms the reputation of the institution, they may argue it’s a breach of your employment contract and has brought the employer’s name into disrepute.
However, the employer must prove a nexus between your conduct and your job performance or their reputation.
Once a post on social media goes viral and an employer feels that their name has been put into disrepute, this may mean it constitutes grounds for dismissal. It is important noting that this can occur whether or not, the employee has listed where they are employed either in that specific platform where the post was made or on another platform entirely.
Right to Privacy and Freedom of Expression
You may argue, “but I have a right to privacy and a right to freedom of expression”. Whilst these rights are protected by the South African Constitution, they are not absolute. These rights are subject to limitations.
Unless your OnlyFans activity impacts your ability to perform your job or harms the employer’s interests, you may be able to defend your right to engage in legal off-duty conduct.
Misconduct and Dismissal
The term “misconduct” in labour relations in South Africa can embody a variety of acts and omissions. It is almost impossible for an employer to be aware and cater for all of them. It is thus, important for an employer to have a Disciplinary Policy and Procedures as well as a Code of Business Conduct and Ethics Policy. Such policies are important but cannot be exhaustive in nature to list every possible offence. It is important that when these policies are being drafted, they take into account the most common forms of misconduct, but also alert employees that this is not a definitive list and employees need to use their discretion when they conduct their day-to-day activities.
Dismissals based on OnlyFans content could be challenged under the Labour Relations Act 66 of 1995, particularly if:
- There is no clear misconduct or policy breach;
- The conduct happened in a personal capacity, off-duty and does not affect the employer at all; or
- There was no damage to the employer’s reputation or operations.
In such cases, dismissal may be deemed substantively unfair by the Commission for Conciliation, Mediation and Arbitration, bargaining council or a Labour Court.
Industry-Specific Sensitivities
Some sectors are more sensitive to public image and morality, including:
- Education;
- Healthcare;
- Government/public service; and/or
- Corporate finance.
In these fields, being associated with adult content—even legal and consensual—might still trigger employment consequences. Even though South Africa does not yet have specific case law involving OnlyFans and employment, but past disciplinary decisions (from the CCMA and Labour Court) have addressed off-duty conduct and social media use.
Conclusion
Summary: Can You Be Fired for Having an OnlyFans in South Africa? It depends on a variety of factors as explained above. It is important that you are aware of what the effect of your account may have on your employer and what you’re their policies say on the above. As a caution, it is important to be aware of what you post online on any forum.
Article Disclaimer
This article is not intended to provide legal advice. This article is a general information sheet and should not be used or relied on as legal or other professional advice. This article is based on research regarding laws and may be subject to change. No liability can be accepted for any errors or omissions nor any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE).
