South Africa Going to Strengthen its Computer Crime Law

ZDNet.com reported on 14th September, 2015 stating that South Africa is going to be the latest nation on the continent to strengthen legislation about computer crime by publishing a draft Cybercrimes and Cybersecurity Bill.

Department of Justice and Constitutional Development published the draft bill seeking to initiate a variety of new crimes with clear penalties for distributing malware, phishing attacks and committing identity scam along with other offences.

Under this bill, penalties for crimes range from fines to twenty five years imprisonment for "computer related terrorist activity" and interception of classified material.

However, as it stands, some critics note that the language of the bill is very expansive and might have penalties beyond its responsibility.

ZDNet.com published news on 14th September, 2015 quoting Jane Duncan, Professor of Journalism of University of Johannesburg, as saying "the meaning of 'national critical information infrastructures' could incorporate any information belonging to government departments such as criminalizing journalists probing political affairs."

Htxt.co.za published news on 14th September, 2015 quoting Duncan as saying "The definition of 'critical data' is also very wide which includes 'the personal dealings of any person' and commercial data which could cause undue advantage or disadvantage to any individual. These over-broad descriptions could lead to legislative overreach and eventually overkill."

Duncan also notifies that with its existing language, the Cybercrimes Bill might encroach online freedom of speech because its definitions of impermissible speech go farther than those outlined in the constitution.

Duncan says that the embargo on the spreading of racist and xenophobic matter is also difficult because in that, the definition of what comprises impermissible speech is wider than the constitutional omission for hate speech.

Duncan says: "the Bill is typical of legislation being recommended or endorsed all over the world giving excessive powers to governments about Internet communications including the proposed ability for warrantless seizure of evidence where cybercrimes are suspended under section 31 of this draft. This means that permitted speech may be criminalized constitutionally even if it is odious. The clause on prevention of provocation to hostility suffers from the same imperfection of over-breadth: the constitutional assessment needs the test of incitement to impending violence."

» SPAMfighter News - 9/28/2015