Cybercrimes Act, 2020 · Section 15
Data Message Which Threatens Persons with Damage to Property or Violence
Section 15 deals with unlawful and intentional electronic communications that threaten people or groups with property damage or violence.
What the section does
Section 15 creates an offence where a person unlawfully and intentionally discloses a data message through an electronic communications service that threatens a person or related person with damage to property or violence, or threatens a group or people associated with that group.
Key points
- The communication must be unlawful and intentional.
- Threats can concern damage to property.
- Threats can concern violence.
- The section also covers threats directed at groups of persons.
- The Act provides an objective element for determining whether a communication amounts to a threat, including how a reasonable person with the same information and circumstances would understand it.
What this means in practice
Do not assume that every angry message is automatically a criminal threat. The wording, circumstances, intention and statutory requirements matter.
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