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Cybercrimes Act · Section 8

Cyber Fraud

How South African law addresses fraudulent misrepresentation involving data, computer programs and certain forms of interference.

The short version

Section 8 creates the offence of cyber fraud where a person unlawfully and with the intention to defraud makes a misrepresentation by means of data or a computer program, or through specified interference with data, a computer program, a storage medium or a computer system.

The conduct must cause actual or potential prejudice to another person.

What makes it cyber fraud?

The Act connects the fraudulent misrepresentation to digital information, computer programs or specified forms of interference. The offence therefore deals with fraudulent conduct carried out through or involving computer-related activity.

Misrepresentation

The conduct involves making a false or misleading representation in the circumstances covered by the Act.

Intent to defraud

Section 8 specifically requires an intention to defraud.

Digital means

Data, computer programs and specified interference can form part of the conduct.

Actual or potential prejudice

The conduct must cause actual or potential prejudice to another person.

Cyber fraud is not simply "being scammed online"

Cyber fraud describes a specific criminal offence in the Act. A person losing money online does not by itself establish every element of section 8. The facts and the particular conduct involved matter.

Related offences

Official source

This page is based on section 8 of the Cybercrimes Act 19 of 2020.

Read the Cybercrimes Act on justice.gov.za

Cyber Conduct provides general educational information, not legal advice. The application of the law depends on the facts of an individual situation.