On 1 July 2020, the National Council of Provinces approved the Cybercrimes Bill (the Bill). As set out in the long title, the purposes of the Bill include the following:
- To create offences which have a bearing on cybercrimes;
- To criminalise the distribution of data messages which are harmful;
- To regulate jurisdiction in respect of cybercrimes;
- To regulate the powers to investigate cybercrimes;
- To regulate aspects relating to mutual assistance in respect of the investigation of cybercrimes;
- To impose obligations to report cybercrimes;
- To provide for capacity building; and
- To provide that the executive may enter into agreements with foreign states to promote measures aimed at the detection, prevention, mitigation and investigation of cybercrimes.
Part II of Chapter 2 of the Bill deals with malicious communications. Specifically, it addresses the dissemination of data messages that incite damage to property or violence; the distribution of data messages that threaten persons with damage to property or violence; and the non-consensual sharing of intimate images.
The Bill is accessible (via the Parliamentary Monitoring Group) 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].