Cybercrimes Act, 2020 · Section 21
Service Provider Must Furnish Particulars to Court
Section 21 provides a mechanism for a court to obtain information from an electronic communications service provider when the relevant person or service is not known.
What the section does
Where a protection-order application under section 20 is otherwise appropriate but the identity of the person who disclosed the message or the relevant service provider is not known, the court may require an electronic communications service provider to furnish specified information.
Key points
- The provision can help identify a person connected with the disclosure.
- The provider may be required to provide information available in its records.
- The Act gives the provider a defined period to furnish the required information.
- The provider may apply for an extension or cancellation of the direction on grounds specified by the Act.
- Failure to comply with the statutory requirements can itself have consequences.
What this means in practice
The purpose is not to give members of the public direct access to subscriber information. The process runs through the court.
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