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Which elements of the Cybercrimes Act are now operational?

In June this year, the Cybercrimes Bill was signed into law by President Cyril Ramaphosa, turning it into the Cybercrimes Act.

Much like PoPIA, although not nearly as long to implement, certain elements of the Cybercrimes Act came into effect on 1st December this week, but not all aspects of it are operational at this stage.

To help SA’s internet users, and perhaps more importantly local businesses with access to or storing data, law firm Webber Wentzel has highlighted what is and is not operational at this stage.

The partial commencement of the Cybercrimes Act ushers in a new era of criminalising the ever-increasing and devastating incidences of digital crime,” noted Peter Grealy, Nozipho Mngomezulu, Karl Blom, Wendy Tembedza, Cindy Leibowitz from Webber Wentzel in a joint press release sent to Hypertext.

“While we are excited about this new development, we will eagerly await the commencement of the remainder of the Cybercrimes Act to give a full set of teeth to this law,” they add.

The elements commenced on 1st December are as follows:

  • Types of cybercrime and malicious communications, including sentencing of these offences.
  • Jurisdiction of the courts, including over offences committed outside South Africa that have a local effect.
  • Powers of the South African Police Service (SAPS) and investigators to investigate, search, access and seize articles used in a cybercrime or malicious communication.
  • Power of the Cabinet member responsible for administering justice to make regulations.

The elements that are yet to be commenced are:

  • A person that complains of being subjected to malicious communication is able to apply for a protection order. A protection order stops the wrongdoer from further disclosure or requires an electronic communications service provider to take down the communication. For example, publishing an intimate image of a person on social media without his or her permission.
  • Parts of the Cybercrimes Act dealing with certain requirements for preserving evidence of a cybercrime or malicious communication.
  • Creation of a special office within the SAPS to assist with proceedings or investigations into cybercrime.
  • Reporting obligations of electronic communications service providers and financial institutions.

For now, it remains to be seen when the yet-to-be commenced elements will become operational, but the above lists offer a batter idea of what is and is not permissible under the Cybercrimes Act.

[Image – Photo by Towfiqu barbhuiya on Unsplash]

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