Remember having to use a landline to make plans to see your friends?
Ah yes, simpler times.
Now we can message each other on a million different ways, at any time from anywhere, but I guess it beats taking unexpected phone calls.
The law has had a tough time navigating the new ways in which we interact online, which is why a series of laws have been created, steadily over the years, to start legally prohibiting certain kinds of communication.
South Africa took a little longer to get with the program, but is now falling into line with other countries with established cyber laws.
After a long delay, Parliament’s Justice Committee officially adopted the Cybercrimes and Cybersecurity Bill, reports BusinessTech.
While the majority of the Bill focuses on criminalising the theft and interference of data, it has also introduced new laws surrounding any ‘malicious’ electronic communication.
Concerns have previously been raised about the ‘vagueness’ of these messaging rules, especially because of the steep consequences attached to them.
The three new proposed crimes are outlined below. Anyone who contravenes one of the following provisions is liable on conviction to a fine, or jail time – for no more than three years.
You could also receive both a fine and imprisonment.
Whilst the laws are aimed largely at combatting WhatsApp infringements, the same applies to Facebook messaging.
1. A message which incites damage to property or violence
This refers to anyone who sends a message to a group, or individual with the intention of inciting the following:
(a) the causing of any damage to property belonging to; or
(b) violence against, a person or a group of persons.
‘Violence’, in this case, means bodily harm, while ‘damage to property’ means damage to any corporeal or incorporeal property.
2. A message which threatens persons with damage to property or violence
This is an extension of the above, which makes it illegal to threaten a group of people with damage to their person or property.
The Bill clarifies that ‘group of persons’ means characteristics that identify an individual as a member of a group,
These characteristics include without limitation:
Race; Gender; Sex; Pregnancy; Marital status; Ethnic or social origin; Colour; Sexual orientation; Age; Disability; Religion; Conscience; Belief; Culture; Language; Birth and nationality.
It’s probably a good list to keep around.
3. A message which unlawfully contains an intimate image
This one is a step in the right direction when it comes to combatting revenge porn. Sending a message containing an intimate image of a person without their express permission is a criminal offence.
The Bill describes an ‘intimate image’ as both real and simulated messages which show the person as nude or display his or her genital organs or anal region.
This includes instances where the person is identifiable through descriptions in the message or from other information displayed in the data message.
The Bill also states that the message is an offence if the person is female, and her breasts and/or genitalia is covered, but in a way that violates or offends her sexual integrity or dignity.
In other words, if you’ve been sharing Gigaba’s sex tape, you should probably stop.
[source:businesstech]
