President signs the Cybercrimes Act
On 26 May 2021, President Cyril Ramaphosa signed the Cybercrimes Act 19 of 2020 into law. As set out in the long title, the Cybercrimes Act seeks to, among other things:
- create offences that have a bearing on cybercrimes;
- criminalise the distribution of data messages which are harmful;
- regulate jurisdiction in respect of cybercrimes;
- regulate the powers to investigate cybercrimes;
- regulate aspects relating to mutual assistance in respect of the investigation of cybercrimes;
- impose obligations to report cybercrimes;
- provide for capacity building; and
- provide that the Executive may enter into agreements with foreign states to promote measures aimed at the detection, prevention, mitigation and investigation of cybercrimes.
Chapter 2 of the Act specifically addresses cybercrimes and malicious communications and includes provisions relating to unlawful access, the unlawful interception of data, and cyber extortion. Additionally, this chapter addresses the dissemination of data messages that incite damage to property or violence, the distribution of data messages that threaten persons with damage to property or violence, and the non-consensual sharing of intimate images.
The Act will come into operation on a date determined by the President.
The Cybercrimes Act is accessible here.
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