The Cybercrime and Cybersecurity Bill is set to be tabled in Parliament soon.

The Bill, which was approved by Cabinet in December, is necessary for building safer communities as envisaged in the National Development Plan, Justice and Constitutional Development Deputy Minister John Jeffery said on Thursday.

“We are committed to putting in place measures to effectively deal with cybercrimes and address aspects relating to cybersecurity‚ which adversely affect individuals‚ businesses and government alike‚” he said.

He explained that the Department of Justice and Constitutional Development has been tasked with the review and alignment of cybersecurity laws to ensure that these are aligned with the National Cybersecurity Policy Framework and provide for an integrated cybersecurity legal framework for the country.

“The new proposed Cybercrime and Cybersecurity Bill gives effect to this mandate. Deterring cybercrime is a vital component of a national cybersecurity and critical information infrastructure protection strategy,” he said.

This includes the adoption of appropriate legislation against the misuse of information and communications technology (ICT) for criminal purposes, he stated, noting that the new Bill aims to advance these objectives.

Jeffery noted that provision was made in the Bill for an interim protection order pending the finalisation of criminal proceedings.

The Bill criminalises cyber-based fraud‚ forgery‚ uttering and extortion adapted specifically for the cyber-environment.

It also aims to put in place specialised procedures, with sufficient checks and balances, to protect the rights of an accused person and other users of ICT, to deal with the investigation of cybercrimes.
 
“With regards to malicious communications, the Bill aims to criminalise a data message which incites causing of any damage to any property belonging to a person, as well as violence against a person that is harmful, intimate in nature and which is distributed without the consent of the person involved,” Jeffery said.
 
The Bill also inserts a new section in the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 to criminalise the harmful disclosure of pornography, or revenge porn.

The proposed amendment aims to criminalise the disclosure of pornography, threats to disclose pornography and disclosure or threats to disclose pornography for the purposes of obtaining any advantage from a person.
 
The Criminal Law (Sexual Offences and Related Matters) Amendment Act was passed to comprehensively deal with all sexual offences.

“Criticism was raised against the fact that child pornography is dealt with in a law which mainly relates to the classification of films and publications, which is the primary purpose of the Films and Publications Act.

“The new Cybercrimes Bill, therefore, repeals section 24B of the Films and Publications Act, which criminalises child pornography and the sexual exploitation of children,” he noted.

Jeffery, meanwhile, pointed out that there are some misconceptions about the Bill regarding the State Security Agency which has been assigned the role of coordinating the implementation of government’s cybersecurity initiatives.

He stressed that additional structures, which need to be established within the State Security Agency, do not give any powers to the agency to control the Internet.

Jeffery noted that there are also misconceptions around the interception of data and allegations that the Bill increases the State’s surveillance powers.

“It is incorrect to equate search and seizure under clause 27 of the Bill as an extension of ‘surveillance powers’. Data is merely a means to commit offences such as fraud, damage of programmes or computer systems, extortion, forgery and uttering.”

He said it could also be used to commit murder by, for example, remotely switching of a respiratory system, or contributing to terrorism.

To prove an offence in a court of law, data must be seized as evidential material. If the State cannot seize evidential material to adduce as evidence, it is impossible to prove the guilt of an accused person.

Jeffery stated that cybersecurity plays an important role in the ongoing development of ICT and that enhancing cybersecurity and protecting critical information infrastructures are essential to each nation's security and the economic wellbeing of a country.

“Making the Internet safer and protecting the users of ICT have become integral to the development of new services as well as governmental policy,” he said.