The Independent Communications Authority of South Africa (ICASA) has published its findings document and position paper on the inquiry into its roles and responsibilities in cybersecurity (Findings Document).
ICASA summarised its findings as follows:
- There were conflicting views on the role of the ICASA in cybersecurity.
- Section 2(q) of the Electronic Communications Act 36 of 2005 does not provide sufficient mandate to the regulation of cybersecurity by ICASA.
- Submitters did not address the role of ICASA in relation to network reliability and information security, and instead focused on their internal networks.
- ICASA should work in collaboration with other organisations who deal with cybersecurity to not duplicate their efforts.
- ICASA is to amend its existing regulations to include cybersecurity matters.
In conclusion, ICASA stated as follows:
It is clear that regulating a safe cyberspace is of public interest and such is the duty of the state and its agencies to ensure that South Africans are safe even on the cyberspace.
It is therefore the general position of [ICASA] that cybersecurity is a multi-facet concept and a multi-stakeholder approach and enabling legislation is required to clarify roles and avoid duplication of resources. [ICASA] will engage with relevant entities for the purposes of collaboration with regard to cybersecurity.”
The Findings Document is accessible here.
Please note: The information contained in this note is for general guidance on matters of interest, and does not constitute legal advice. For any enquiries, please contact us at [email protected].