The much talked about Cybercrime Code Bill 2016 was passed by Parliament on 11 August 2016.
The legislation deals with a wide variety of conduct through the use of electronic systems and devices. Below is a general summary of the conduct that is likely to fall foul of this new law.
Please note that this is a very brief summary intended to give the laymen an idea of what kind of conduct that could be a potential contravention of the Act. You will need to seek specific legal advice on the law.
A person who intentionally, without lawful excuse or justification or in excess of lawful excuse or justification that does the following may breach the law:
- Unauthorised access or hacking
- Illegal interception of electronic systems
- Data interference
- System interference
- Data espionage
- Illegally remaining in an electronic device or system – as in logged in
- Electronic fraud
- Electronic forgery
- Identity theft
- Design, produce, sell, procure, import, distribute a system or device intended to commit any of the above
- Pornography – produce, make available, distribute, procure
- Child pornography
- Online grooming of a child – using an electronic device to persuade, induce, befriend a child to sexual intercourse, obscene performance
- Offensive publication that grossly offends against accepted standards of public decency
- Animal pornography
- Defamatory publication of another person
- Spam – to mislead, deceive users
- Online money laundering
- Cyber bullying
- Cyber harassment
- Unlawful disclosure of classified communication
- Cyber unrest
- Cyber extortion
- Copyright, trademark and patent infringement
- Cyber attack – mainly malware in electronic system
In short, most of the activities mentioned in the legislation are understandable and it is also a matter of using common sense.
Consult a lawyer to get proper legal advice that is relevant to your circumstances. As with any law, there are bound to be grey areas or ambiguity.
Use your common sense and respect other online users!