Cyberbullying is a fairly frequent phenomenon among South African youth aged 14 and above, with social networks being the main media channels serving as a tool for this. To deal with this state of affairs and with cybercrimes in general, the country passed the Cybercrimes Act on 1 December 2021 which is expected to put an end to years of inability to deal with cybercrimes.
The issue was discussed in detail at the recent National Youth Resilience (NYRI) Initiative Ambassadors National Youth Dialogue 2021. NYRI is a collaboration between the South African Department of Women, Youth, and Persons with Disabilities (DWYPD) and the National Youth Development Agency (NYDA). It is supported by the German Development Cooperation through the GIZ Inclusive Violence and Crime Prevention Programme (VCP).
Cyberbullying – alarming facts
Addressing the NYRI Ambassadors National Youth Dialogue, Palesaentle Ramaonyalioa revealed data from an NYRI informal sample survey which showed that:
She noted that the causes of cyberbullying amongst youth include a lack of self-identity, lack of empathy, self-loathing, peer pressure, and the need to belong. The effects of cyberbullying include increased stress and anxiety, feelings of isolation, depression, suicide, humiliation, decreased self-esteem and confidence, and lower school attendance.
Until recently, however, South Africa did not have a legislative framework in place that dealt specifically with cyberbullying, with victims relying on other criminal or civil law remedies.
New legislation in place
This changed on 1 December 2021 when South Africa introduced the Cybercrimes Act, 2020 (Act No. 19 of 2020) and made certain sections operational from 1 December 2021.
The Act enforces regulations on information sharing including cybersecurity incidents, detecting, preventing, and investigating cybercrime, and provides for the national executive to enter into agreements with other states on what is seen as a global issue.
The Minister of Justice and Correctional Services, Ronald Lamola, said, “It was necessary to align our law with international trends and best practices. Another consideration is the evolving nature of cybercrime. The methods of committing cybercrimes change rapidly and our laws need to keep pace with the more intrusive and complex investigative measures which are needed to investigate cybercrime.”
The Act streamlines the laws of South Africa that deal with cybercrime into a single law that criminalises conduct considered to be a cybercrime and criminalises the disclosure of harmful data messages. It further provides for protection orders to safeguard victims against harm and also regulates the powers to investigate cybercrimes.
What does it provide for?
Cybercrime, being transnational in nature, requires collaboration with other countries and the Act regulates aspects relating to mutual assistance in respect of the investigation of cybercrimes. To ensure the proper coordination of cases in South Africa, the Act provides for the establishment of a Point of Contact within the South African Police Services (SAPS) according to a statement released by the Justice Ministry.
The Act also imposes obligations on electronic communications service providers and financial institutions to report cybercrimes to the SAPS and provides for capacity building by the SAPS to detect, prevent and investigate cybercrimes.
Certain sections of the Act have not yet been put into operation as they require regulations that are still to be finalized. These sections include, amongst others, those relating to protection orders against the harmful disclosure of pornography and the establishment of a functional Point of Contact within the SAPS to coordinate cybercrime investigations within the country and to facilitate international cooperation.
No date has yet been set for the remaining sections to come into operation.
