Page 39 - TODAY Magazine Issue 1 2022 - Old Mutual

Jacqueline Fick explains some of the most important provisions of the new legislation we should be aware of.
In the online world, as in the real world, we have rights but they come with responsibilities. And as in the real world, we need to have laws in place that protect us and ensure that there are legal consequences for cybercriminals. This is what the Cybercrimes Act aims to do. President Cyril Ramaphosa signed the Cybercrimes Act 19 of 2020 into law in May 2021, which came into effect on 1 December 2021.
What is covered by South Africa’s Cybercrimes Act?
The provisions that have everyone abuzz are the ones that deal with
malicious communication listed under sections 14 to 16 of the Act. Malicious communication in this sense refers to using online platforms, including social media, WhatsApp and email, to:
• spread messages that incite violence against a person, a group or the public
in general, or threaten their property;
• direct such messages at a specific group based on factors such as their race,
religion, language, nationality, sex or sexual orientation; or
• post intimate pictures or videos of another person without their consent.
Even if you cannot see the person’s face and identify them, the Act will apply if they are named in the text that goes with the image or video. If, for example, a couple made an intimate video in happier days and are now going through a messy divorce or break-up, and one of them shares the video as ‘revenge’ in such a way that it is possible to identify the other person, or by simply naming them in the text – this is a crime which can be prosecuted. The same goes for cyberbullying, whether the bully is an adult or a child.
Granted, we do have a right to freedom of speech, but this right is not absolute. It does not allow us to commit a crime or threaten to harm someone we interact with in the online world.
What about fake news and sharing inflammatory or harmful messages? Will we be held accountable if we share them? These questions must always be answered on a case-by-case basis. One of the key considerations will always
ONLINE SAFETY YOUR FAMILY
I... and could get you into trouble with the law. Online threats and bullying are offences under the new Cybercrimes Act. Advocate
ISSUE ONE 2022 | 37
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