The Cybercrimes Act (the Act) focuses mainly on criminalising the interference with computer systems and data, which is described in more detail in Andrew Marshall’s article on the subject. However, the Act also has bearing on the way we use (and often abuse) social media which will have an impact on the general public. What you share on social media platforms, including WhatsApp and WhatsApp groups, could now land you in jail if we consider the sections relating to “malicious communications” in the Act.
The Cybercrimes Act has finally been signed into law by the President. The purpose of the Act is to bring South Africa into line with international jurisprudence on the detection and prosecution of crimes which are either specific to computers, or which are perpetrated using computers. This is a very brief summary of the sections of the Act that may interest our clients.