04 Apr 2018

 Parliament has last week passed to Committee Stage the Cybercrime and Computer Related Crimes Bill of 2017. 

That followed discussion of the Bill during the second reading stage after its presentation by the Minister of Defence, Justice and Security, Mr Shaw Kgathi recently.

Mr Kgathi said the objective of the Bill was to repeal and re-enact, with amendments the Cybercrime and Computer Related Crimes Act of 2007. He explained that the Bill contained four parts and 36 clauses.

He said the Bill at Part I introduced new definitions, such as access code, automatic processing, content data, device and unauthorised access, which are technology neutral to allow for rapid changes in technology and ensure conformity with international standards. 

The minister further explained that the Bill at Part II introduced new offences, such as cyber harassment, cyber stalking as well as malicious or repeated use of electronic communication of an offensive nature to disturb the peace and privacy of another person.

Mr Kgathi added that other offences introduced by the Bill were disclosure or publication of private sexual photograph or film without the consent of the person who appears in the photograph, the use of a computer or a computer system to produce, distribute or avail racist or xenophobic material as well as use of a computer or a computer system to insult another person on the basis of race, colour, descent, nationality, ethnic origin, tribe or religion.  

The minister said the Bill at Part III dealt with procedural powers such as preservation orders while Part IV deals with miscellaneous provisions such as extradition.

He said there had been a growing trend in the abuse of computers and social media in recent years.

“In an effort to curb cybercrime my ministry found it necessary to amend the Cybercrime and Computer Related Act to among others take into account the rapid developments that are taking place globally and the emerging challenges present in our cyber space,” he said.

Sefhare-Ramokgonami MP, Ms Dorcas Makgato expressed support for the Bill, saying its passing will result in protecting the public from defamation especially through social media.

She said the law, when passed, should be used to punish severely people who posted pictures of road accident victims on social media.

Takatokwane MP, Mr Ngaka Ngaka said amendments to the Law were overdue because many people had suffered abuse through social media. 

The legislator said Botswana Police Service should have a unit dedicated to monitoring crimes committed through social media.

Tati East MP, Mr Samson Guma said people who post obscene things on social media were destroying the values and moral fabric of the nation and called for them to be punished.

Nkange MP, Mr Edwin Batshu said passing the Bill would help to close a gap in the cyber space where the peddling of wrong information had become common.

Shashe West MP, Mr Fidelis Molao said youth should be sensitised about positive and productive use of technology instead of using it to abuse other people. 

He warned that misuse of technology such as social media could lead to bad things like character assassination and civil unrest. ENDS