South African Cyber Law
Protection from Harassment Act
The Protection from Harassment Act 17 of 2011 provides a civil protection-order framework for people experiencing harassment, including harassment carried out through electronic communications.
What the Act is for
The Act provides a legal mechanism for a person who is being harassed to apply for a protection order. It is a civil remedy and is distinct from a criminal conviction.
Harassment under the Act is broader than physical contact. The definition covers conduct directed at or towards a complainant or a related person, including verbal, electronic or other communication.
The Act therefore has relevance to situations involving repeated unwanted electronic communication, stalking-type conduct and other behaviour that causes the forms of harm recognised by the Act.
Electronic harassment
Electronic communication is expressly included in the Act’s framework. Depending on the facts, unwanted messages, calls, emails, social-media communication or other electronic conduct may form part of a harassment complaint.
The existence of an online component does not automatically determine the legal outcome. The specific conduct, surrounding circumstances and statutory requirements matter.
Some conduct may also fall under other South African laws, including the Cybercrimes Act 19 of 2020.
Protection orders
A person experiencing harassment can apply for a protection order at a magistrates’ court in accordance with the Act.
The Act provides for an interim protection order where its statutory requirements are met, followed by further proceedings concerning a final protection order.
A protection order is not the same thing as a finding of criminal guilt. It is a legal mechanism intended to protect a complainant from harassment.
If the harassment is happening online
Preserve evidence before deleting or blocking accounts where doing so would cause useful evidence to disappear.
Useful evidence can include screenshots, profile URLs, usernames, dates and times, email headers, telephone numbers, message exports and platform notifications.
If there is an immediate threat of violence or another emergency, use the appropriate emergency or law-enforcement channel rather than relying only on platform reporting.
Official source
Read the official legislation from the South African government:
Protection from Harassment Act 17 of 2011 — South African Department of JusticeImportant
Cyber Conduct provides general educational information, not legal advice. South African legislation can change, and the application of the law depends on the facts of each situation. For a specific legal matter, consider obtaining advice from a qualified legal professional or the relevant authority.