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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Cybercrimes Act, No. 19 of 2020

Long title


To create offences which have a bearing on cybercrime; to criminalise the disclosure of data messages which are harmful and to provide for interim protection orders; to further regulate jurisdiction in respect of cybercrimes; to further regulate the powers to investigate cybercrimes; to further regulate aspects relating to mutual assistance in respect of the investigation of cybercrimes; to provide for the establishment of a designated Point of Contact; to further provide for the proof of certain facts by affidavit; to impose obligations to report cybercrimes; to provide for capacity building; 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; to delete and amend provisions of certain laws; and to provide for matters connected therewith.


Table of contents

SECTION TITLE

ARRANGEMENT OF SECTIONS
CHAPTER 1. DEFINITIONS AND INTERPRETATION
1. Definitions and interpretation
CHAPTER 2. CYBERCRIMES, MALICIOUS COMMUNICATIONS, SENTENCING AND ORDERS TO PROTECT COMPLAINANTS FROM HARMFUL EFFECT OF MALICIOUS COMMUNICATIONS

Part I. Cybercrimes
2. Unlawful access
3. Unlawful interception of data
4. Unlawful acts in respect of software or hardware tool
5. Unlawful interference with data or computer program
6. Unlawful interference with computer data storage medium or computer system|
7. Unlawful acquisition, possession, provision, receipt or use of password, access code or similar data or device
8. Cyber fraud
9. Cyber forgery and uttering
10. Cyber extortion
11. Aggravated offences
12. Theft of incorporeal property
Part II. Malicious communications
13. Definitions
14. Data message which incites damage to property or violence
15. Data message which threatens persons with damage to property or violence
16. Disclosure of data message of intimate image
Part  III. Attempting, conspiring, aiding, abetting, inducing, inciting, instigating, instructing, commanding or procuring to commit offence
17. Attempting, conspiring, aiding, abetting, inducing, inciting, instigating, instructing, commanding or procuring to commit offence
Part IV. Competent verdicts
18. Competent verdicts
Part V. Sentencing
19. Sentencing
Part VI. Orders to protect complainants from the harmful effect of malicious communications
20. Order to protect complainant pending finalisation of criminal proceedings
21. Electronic communications service provider to furnish particulars to court
22. Orders on finalisation of criminal proceedings
23. Penalties
CHAPTER 3. JURISDICTION
24. Jurisdiction
CHAPTER 4. POWERS TO INVESTIGATE, SEARCH, ACCESS OR SEIZE
25. Definitions
26. Standard Operating Procedures
27. Application of Criminal Procedure Act, 1977
28. Search for, access to, or seizure of certain articles
29. Article to be searched for, accessed or seized under search warrant
30. Oral application for search warrant or amendment of warrant
31. Search for, access to, or seizure of article without search warrant with consent of person who has lawful authority to consent
32. Search for, access to, or seizure of article involved in the commission of an offence without search warrant
33. Search for, access to, or seizure of article on arrest of person
34. Assisting police official or investigator
35. Obstructing or hindering police official or investigator and authority to overcome resistance
36. Powers conferred upon police official or investigator to be conducted in decent and orderly manner with due regard to rights of other persons
37. Wrongful search, access or seizure and restriction on use of instrument, device, password or decryption key or information to gain access
38. False information under oath or by way of affirmation
39. Prohibition on disclosure of information
40. Interception of indirect communication and obtaining of real-time communication- related information
41. Expedited preservation of data direction
42. Preservation of evidence direction
43. Oral application for preservation of evidence direction
44. Disclosure of data direction and search for, access to, and seizure of articles subject to preservation
45. Obtaining and using publicly available data or receiving data from person who is in possession of data
CHAPTER 5. MUTUAL ASSISTANCE
46. Application of provisions of Chapter
47. Spontaneous information
48. Foreign requests for assistance and cooperation
49. Complying with order of designated judge
50. Informing foreign State of outcome of request for mutual assistance and expedited disclosure of traffic data
51. Issuing of direction requesting assistance from foreign State
CHAPTER 6. DESIGNATED POINT OF CONTACT
52. Establishment and functions of designated Point of Contact
CHAPTER 7. EVIDENCE
53. Proof of certain facts by affidavit
CHAPTER 8. REPORTING OBLIGATIONS AND CAPACITY BUILDING
54. Obligations of electronic communications service providers and financial institutions
55. Capacity to detect, prevent and investigate cybercrimes
56. National Director of Public Prosecutions must keep statistics of prosecutions
CHAPTER 9. GENERAL PROVISIONS
57. National Executive may enter into agreements
58. Repeal or amendment of laws
59. Regulations
60. Short title and commencement
Sch. SCHEDULE. LAWS REPEALED OR AMENDED (SECTION 58) [s58]
.
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