Botswana: The CyberCrime and Computer Related Crimes Act, 2018
The CyberCrime and Computer-Related Crimes Act of 2018 is a law passed by the Botswana Parliament to address the increasing threat of cybercrime and computer-related crimes in the country. The Act criminalizes a range of online activities, including hacking, identity theft, and cyberbullying. It also provides for stiff penalties, including fines and imprisonment, for offences such as spreading malicious software and distributing child pornography.
The Act established the Cybercrime and Computer-Related Crimes Unit (CCRCU) to investigate and prosecute cybercrime in Botswana. The CCRCU works with other government agencies and private sector organizations to share information about cyber threats and to develop strategies for addressing them.
The Act has been praised for its comprehensive approach to cyber security and for its emphasis on international cooperation in the fight against cybercrime. However, some critics have raised concerns about the potential for the Act to be used to infringe on civil liberties and privacy rights. The Act has been amended several times since it was first introduced to address some of these concerns and to keep up with technological developments and changes in the cyber threat landscape.
SECTION
PART I — Preliminary
1 – Short title and commencement
2 – Interpretation
3 – Jurisdiction
PART II — Offences
4 – Unauthorised access to a computer or computer system
5 – Unauthorised access to a computer service
6 – Access with intent to commit or facilitate commission of an offence
7 – Unauthorised interference with data
8 – Unauthorised interference with a computer or computer system
9 – Unlawful interception of data
10 – Unlawful possession of devices or data
11 – Unauthorised disclosure of password or access code
12 – Damage to a computer or computer system
13 – Critical national infrastructure
14 – Cyber extortion
15 – Cyber fraud
16 – Cyber harassment
17 – Cyber stalking
18 – Offensive electronic communication
19 – Pornographic or obscene material
20 – Revenge pornography
21 – Racist or xenophobic material
22 – Racist or xenophobic motivated insult
23 – Unlawful disclosure by service provider
PART III — Procedural Powers
24 – Preservation order
25 – Disclosure of preserved data
26 – Production order
27 – Access, search and seizure
28 – Real time collection of content or traffic data
29 – Deletion order
30 – Acting without an order
31 – Limited use of disclosed data and information
32 – Non-compliance with order or notice
PART IV — Miscellaneous Provisions
33 – Extradition
34 – Regulations
35 – Repeal of Cap – 08:06
36 – Savings
