Cybercriminals, beware!

South Africa’s first consolidated Cybercrimes Act enables authorities to crack down on crimes such as hacking, online extortion and illegal data interception. Sections of the act came into effect on December 1, and, according to Minister of Justice Ronald Lamola, it will align South Africa’s legislative framework with international standards and best practices.

Hacking, unlawful data interception, ransomware, cyber fraud, forgery and extortion are just some of the acts criminalised by the act. Offenders may be sentenced to fines of between R5m and R10m and/or a prison term of between two and 10 years for lesser crimes, and up to 25 years for crimes related to cyberterrorism.

Caxton Local Media previously reported that the act would also declare revenge porn a crime, but Lamola indicated that the sections related to this have not yet come into effect.

Provisions that allow for protection orders against the harmful disclosure of pornography have not taken effect yet either. Three of these provisions are listed below:

Section 14 will make it a criminal act to incite violence or damage to property in an electronic data message. This includes messages sent via WhatsApp, Facebook, email, SMS or any similar communications platform.

Section 15 will criminalise data messages that threaten violence or damage to property against individuals or groups. Groups may be characterised according to factors such as race, gender, marital status, ethnic or social orientation and belief.

Section 16 will make it criminally culpable to make an intimate image of someone available in an unlawful and intentional way.

The act also aims to empower the police and the National Prosecuting Authority in combating and prosecuting cybercrimes by, for example, confirming the capacity of these bodies as it relates to these acts. It will also ensure that verifiable statistics on the extent of cybercrime in the country is available.

Furthermore, the act bolsters South Africans’ right to privacy, as prescribed by the Protection of Personal Information Act (POPIA). In terms of the Cybercrimes Act, violations of the act – such as hacking – that come to the attention of electronic communications service providers and financial institutions, will have to be reported to the police.

Click here to read more on POPIA.

“Cybercrime is a reality of the world we live in. More and more criminals are exploiting the internet and online means to commit a diverse range of crimes. We, therefore, need to make cyberspace safer and more secure,” says Lamola.