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Understanding what the Cyber Crimes Act entails

6 December 2021 4:41 PM
Tags:
revenge porn
nudity
cyber crimes act
inciting crime

Founder and CEO of Digital Law Company Emma Sadleir Berkowitz explains the Act that came into effect on 1 December and the provisions included.

President Cyril Ramaphosa recently signed the Cyber Crimes Act and it came into effect on 1 December.

Speaking to Relebogile Mabotja, founder and CEO of Digital Law Company Emma Sadleir Berkowitz says there are a few procedural issues that are not in effect but most of them are.

The main thing that is interesting to me is that there is a criminal offence now around the sending of intimate images without the consent of the person affected. In simpler terms, people would say this is revenge pornography

Emma Sadleir Berkowitz, Founder and CEO - Digital Law Company 

This is the first time in South Africa that this is criminalised, to be honest, it is such a complicated provision that they managed to create.

Emma Sadleir Berkowitz, Founder and CEO - Digital Law Company 

An intimate image doesn't require nudity, it can be covered genitals, for example.

Emma Sadleir Berkowitz, Founder and CEO - Digital Law Company 

The Cybercrimes Act criminalises the following types of cyber activities, namely:

  • unlawful access, interception and interference of data;
  • unlawful acts in respect of software and hardware tools;
  • cyber fraud, cyber forgery and cyber uttering; and
  • malicious communications, which includes a form of 'hate speech'.

Listen to the full interview below:




6 December 2021 4:41 PM
Tags:
revenge porn
nudity
cyber crimes act
inciting crime

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