Updated Draft Cybercrime Bill (as of Sept 2020)

The draft Cybercrime Bill 2020 is a proposed legislation that is intended to “combat cybercrime by creating offences of cybercrime; to provide for penalties, investigation and prosecution of the offences of cybercrime”.

Among other things, the draft Bill seeks to address cyberbullying such as the publishing of image or video content of persons’ private part. This is covered in Section 12 of the draft that reads:

12.–(1)     A person commits an offence who, without the explicit consent of another person, intentionally captures, stores in, publishes or transmits through a computer system, an image of a private area of the other person and is liable–

(a)     on summary conviction to a fine of three thousand dollars and to a term of imprisonment for three years; or

(b)     on conviction on indictment to a fine of eight thousand dollars and to a term of imprisonment for five years.

(2)     For the purposes of this section, “private area” means genitalia, buttocks or breasts.”

Along with several other matters, it also seeks to address crimes connected to unauthorized access to computer systems as well as making provisions for the Police Department to utilize “Remote Forensic Tools” in the course of their investigations (see section 29).

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