The Cybercrimes and Cybersecurity Bill draft for public comment has been released, proposing to introduce a number of measures to combat cybercrime in South Africa.
The bill aims to deal with offences and imposes penalties which have a bearing on cybercrime, and further regulates jurisdiction of the courts.
It regulates the powers to investigate, search and access, or seize, as well aspects of international cooperation in respect of the investigation of cybercrime.
The bill also imposes obligations on electronic communications service providers with respect to cyber security.
Among the offences detailed in the bill are the following:
- Personal information and financial information related offences
- Unlawful access
- Unlawful interception of data
- Unlawful acts in respect of software or hardware tools
- Unlawful interference with data
- Unlawful interference with computer device, computer network, database, critical database, electronic communications network or National Critical Information Infrastructure
- Unlawful acts in respect of malware
- Unlawful acquisition, possession, provision, receipt or use of passwords, access codes or similar data or devices
- Computer related fraud
- Computer related forgery and uttering
- Computer related appropriation
- Computer related extortion
- Computer related terrorist activity and related offences
- Computer related espionage and unlawful access to restricted data
- Prohibition on dissemination of data message which advocates, promotes or incites hate, discrimination or violence
- Prohibition on incitement of violence and damage to property
- Prohibited financial transactions
- Infringement of copyright
- Harbouring or concealing person who commits an offence
- Attempting, conspiring, aiding, abetting, inducing, inciting, instigating, instructing, commanding, or procuring to commit an offence
The bill provides for the establishment of a 24/7 Point of Contact and various structures to deal with cyber security.
It will also regulate the identification and declaration of National Critical Information Infrastructures and measures to protect National Critical Information Infrastructures.
Under the provisions of the bill, South Africa’s President may enter into agreements with foreign States to promote cyber security.