Bill takes aim at porn and cyberbullying
On Thursday, the justice ministry published the Cybercrimes and Cybersecurity Bill, which aims to criminalise cyber-facilitated offences such as unlawful access of information, interception of protected data, malware-related offences, distribution of pornographic material and cyberbullying.
Anyone found to have sent malicious messages including nude pictures, and those that among other things incite violence, are inherently false and aimed at causing mental, psychological, physical or economic harm could face criminal charges. This will put the sharing of information through digital platforms such as chat services and social media under the spotlight.
Senior state law adviser Sarel Robertse said the bill was not meant to prevent people from sharing pictures, but consent had to be given to share it further, he said.
Many people have fallen victim to cyberbullying and "revenge porn" with little legal recourse. "We are now criminalising this act," said Robertse.
Regarding child pornography, Deputy Justice Minister John Jeffery said it was "comprehensively criminalised in legislation and thereby addresses the current fragmentary approach". He said that making the internet safer and protecting the users of information communications technologies had become integral to the development of new services as well as governmental policy.
"We are confident that the bill will, to a large extent, address the current shortcomings in our law and will facilitate the effective prosecution of cybercrimes," Jeffery said.
The justice ministry plans to further investigate the criminalisation of identity theft, which it had removed from the bill following criticism from the public for it being too wide and also that it may have unintended consequences.
Jeffery said the criminalisation of identity theft would further be investigated and its criminalisation may at a later stage be considered. Many people have fallen victim to identity theft that had in some cases resulted in fraudulent activities being conducted under false names.
As some of the online cybercrime activities occur in different countries but with victims being South African organisations and individuals, Jeffery said the bill provided for procedures which would facilitate mutual assistance with other countries in the investigation of such criminal activities.
According to Robertse, law enforcement agencies would be given further training to equip them with the necessary information related to cybercrime.
Jeffery dispelled the notion that the bill would increase the government's power and give the State Security Agency power to control the internet. He said that the bill was a comprehensive attempt to tackle cybercrime and that this was part of the many steps taken to address the same cybercrime.
Source: Business Day
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