GEORGE NEWS - With a global spike in internet-based offences, partly driven by more people working from home due to the Covid-19 pandemic, online crooks are increasingly targeting South Africa, which now has the third-highest number of cybercrime victims in the world, costing approximately R2,2-billion annually.
From recent complaints of fraud and people falling victim to scammers in George, it's safe to say that we didn't miss this train.
According to Interpol's African Cyberthreat Assessment Report released in October, South Africa was also the worst affected on the continent in terms of targeted ransomware attacks in the first quarter of the year.
The country's financial infrastructure makes it an attractive target for cybercriminals who use the internet for extortion, fraud, child pornography, human trafficking and selling illicit goods.
However, the cyber law in SA has recently been amended and together with the Protection of Personal Information (Popi) Act 2020, it forms a key part of the country's arsenal in the fight against cybercrime.
President Cyril Ramaphosa signed the Cybercrimes Act into law in May this year, but parts of it only became operational on 1 December.
What the new law means to you
Although you can not yet obtain a protection order against someone who publishes nude photos of you online without your permission, legal experts hope that the section on the Cybercrime Act will be introduced very soon to protect people from this type of crime.
The Act created three sections (16, 17 and 18) referring to someone who post a naked picture(s) of someone else. In the past, courts could only prosecute an offender for crimen injuria, but they are now covered under the Cybercrimes Act.
Cybercrime can lead to much more than suspension on social media platforms for offenders. The Act prescribes certain sentences for offenders, which entail fines ranging from R5-million to R10-million and/or imprisonment ranging from five to 10 years.
Other more serious offences can lead to imprisonment of up to 15 years and an imprisonment period not exceeding 25 years for computer-related terrorist activity and related offences.
The courts have also been afforded discretion to impose any sentence that it deems appropriate under section 276 of the Criminal Procedure Act 51 of 1977 to anyone that is found guilty of cyber fraud, cyber forgery and uttering.
Individuals will need to educate themselves and be very careful when corresponding, especially over social media.
Which parts already apply
Cybercrime has been defined, along with the punishment that will apply to it, which may vary depending on the crime. This includes illegal access to a computer system or the interception of data, cyber fraud, cyber forgery, the illegal obtaining of a password or access codes, cyber extortion and theft of intangible property, and malicious communication.
South African courts now have the power to hear people who are not citizens, as well as people who commit crimes in other countries, if it affects a resident or business in South Africa.
The police also have the rights to investigate, search, access and seize equipment that may have been used in a cybercrime or malicious communication. The Minister of Justice and Correctional Services may also promulgate regulations relating to the law.
Which parts do not apply yet
According to a statement by the Department of Justice and Constitutional Development, certain sections of the Act could not yet be put into operation as they require regulations that are still to be finalised.
"These sections include those relating to protection orders against the harmful disclosure of pornography and the establishment of a functional Point of Contact within the police to coordinate cybercrime investigations within the Republic and to facilitate international cooperation.
"The remaining sections will be put into operation in due course, once the concomitant regulations have been finalised," reads the statement. Therefore one cannot yet obtain a protection order against someone who publishes nude photos or any content of yours online without your permission.
Parts of the law dealing with requirements for the preservation of evidence of cybercrime or malicious communication are also not yet ready. The law will finally stipulate that providers of electronic communications services and financial institutions must report cyberbullying without unnecessary delay and, where possible, within 72 hours after becoming aware of it.
Failure to do so could result in a fine of as much as R50 000. This part of the law has yet to come into force.
The top five cybercrimes are phishing, cyber extortion, data breach, identity theft and harassment.
To view the full statement by the Department of Justice and the amended Cybercrimes Act, click here.
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