Cybercrimes Act, 2020 · Section 13
Definitions
Section 13 defines important terms used in the malicious-communications provisions of the Cybercrimes Act.
What the section does
Section 13 applies specifically to Part II of Chapter 2. It defines terms used by sections 14, 15 and 16, including damage to property, disclose, group of persons, related person and violence.
Key points
- Damage to property includes damage to corporeal and incorporeal property.
- For sections 14, 15 and 16, disclosure can include sending a data message, storing it where it can be viewed, copied or downloaded, or making a link to the stored message available.
- A group of persons is identified through characteristics listed in the Act, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, birth and nationality.
- A related person includes a family or household member or another person in a close relationship.
- Violence means bodily harm for purposes of this Part.
What this means in practice
The definitions matter because sections 14, 15 and 16 depend on them. A message can therefore fall within the relevant provisions through more than simply sending a direct message to someone's phone.
Important
This page is an educational explanation of the Cybercrimes Act. It is not legal advice and does not replace the Act, regulations, court decisions or advice from a qualified legal professional.
Official source
Read the official Cybercrimes Act from the South African Department of Justice and Constitutional Development.
Cybercrimes Act, 2020 — official PDF