New law to govern cyberspace

Currently, there is no specific law that deals with cyberspace crimes. This does not mean that these deeds will go unpunished or that they are not against the law, it simply means that the old laws have to be adapted to suit cybercrimes. 

Sometimes this is not an easy fit and unfortunately, cybercrimes can be fairly sophisticated and involve overseas components and role players. Law enforcers are not trained to deal specifically with these types of crimes and it is only certain elite units that can do so.

Luckily a new piece of law has been introduced to fill this gap.  It is the Cybercrimes and Cybersecurity Bill and it is being tabled before Parliament. This Bill deals with issues such as “hacking”, cyber extortion, unlawful interception of data and other such crimes.

A very interesting aspect of the Bill which is important for cyber bullies and aggressive social media users to be aware of is that it criminalises online harassment.

Currently, this type of behaviour has to be dealt with in terms of the common law and there are many instances where, if it is reported, it may not be sufficiently understood by law enforcement officials. The proposed Bill will have very clear guidelines on the issue and sets out a framework in line with international best practices. 

Unlawful and illegal online behaviour is can be prosecuted currently but it will be much easier in future with this new law. Cybercriminals beware!

Verlie Oosthuizen

Shepstone & Wylie Social Media Law Department