The rapid growth of smartphones, laptops, and online platforms has not only transformed the way we live and work, but also the way crimes are committed. To address these realities, South Africa enacted the Cybercrimes Act 19 of 2020, which defines a wide range of technology-related offences.
What many people don’t realise is that something as simple as unlocking your partner’s phone without their permission could fall within the scope of this Act. Below is a simplified overview of some of the criminal offences created under the legislation.
Key Offences Under the Cybercrimes Act
- Unauthorised access to devices (Sections 2 & 3):
It is unlawful to gain access to another person’s phone, computer, or system without permission. Even just opening files or copying information can amount to an offence. - Interference with data (Sections 4, 5 & 6):
Using, altering, deleting, or intercepting someone else’s information without authority is prohibited. Possession of unlawfully obtained data is also a criminal act. - Passwords and access codes (Section 7):
Obtaining, sharing, or using someone’s passwords, PINs, or security codes without consent is an offence. - Cyber fraud, forgery, and extortion (Sections 8, 9 & 10):
Fraudulent online activities, fabricating digital content, or using electronic communications to extort others are explicitly outlawed. - Threatening communications (Sections 14 & 15):
Sending messages that threaten to cause injury, harm, or property damage is a criminal offence under the Act. - Sharing intimate images without consent (Section 16):
Distributing private or intimate photographs or videos that identify a person – without their approval – is a serious offence. - Assisting or conspiring (Section 17):
Anyone who helps, enables, or conspires with another person to commit cybercrimes can also be held criminally liable. - Protective measures for victims (Section 20):
A complainant may approach the police not only to open a case, but also to apply for a restraining order to stop further harm while the matter is being investigated and prosecuted.
Why This Matters
The Cybercrimes Act reflects a strong stance by South African lawmakers against digital misconduct. It offers protection against privacy violations, online harassment, and data breaches, while also giving victims clear avenues for legal recourse.
For individuals and businesses alike, awareness of these provisions is critical. Misusing a phone, computer, or data, even in seemingly “minor” situations, can lead to serious criminal consequences.
