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A plain-English introduction to South Africa's main statutory framework for cybercrime.
The Cybercrimes Act 19 of 2020 creates a statutory framework for dealing with a range of cybercrime offences in South Africa. It also contains provisions concerning harmful data messages, jurisdiction, investigation, reporting and cooperation in relation to cybercrime.
The Act does not mean that every mistake made online is a cybercrime. The legal question depends on the conduct, the circumstances, authorisation, the systems or data involved and the requirements of the particular provision.
For that reason, Cyber Conduct explains the Act by topic rather than presenting a simple list of things that are "illegal online."
These are the major areas we will explain in plain language. The individual pages will deal with the relevant provisions and their limitations rather than reducing them to one-line rules.
Accessing a computer system or data without the authorisation required by law or the relevant authority.
Detailed guide coming nextThe Act addresses unlawful interception of data, making unauthorised interception an important part of the cybercrime framework.
Detailed guide coming nextThe Act also addresses certain unlawful conduct involving software or hardware tools associated with cybercrime.
Detailed guide coming nextConduct involving unlawful interference with data or a computer program can fall within the Act's cybercrime provisions.
Detailed guide coming nextThe Act addresses unlawful interference with computer systems and their functioning.
Detailed guide coming nextCertain fraudulent or deceptive conduct involving data and computer programs is addressed by the Act.
Detailed guide coming nextThe Act contains provisions dealing with extortion involving data, computer programs or computer systems.
Detailed guide coming nextThe Act contains provisions dealing with certain harmful data messages and malicious communications.
Detailed guide coming nextUnauthorised access is only one part of the framework. The Act also addresses conduct involving data, computer programs, computer systems, fraudulent activity, extortion and certain harmful communications.
This matters because two situations that look similar from the outside can raise different legal questions. For example, accessing a system without permission and interfering with data after gaining access are not necessarily the same legal issue.
The Act contains provisions dealing with investigation, jurisdiction, reporting and related procedural matters. A report does not by itself determine that an offence occurred or guarantee a particular outcome. The relevant authorities must consider the circumstances and available evidence.
This page is an educational overview, not legal advice. The wording of the Act, applicable regulations, court decisions and the facts of an individual situation can all matter. If you are involved in a specific legal matter, consider obtaining advice from a qualified legal professional.