Eswatini: The Computer Crime and CyberCrime Act, 2022
Eswatini enacted the Computer Crime and Cybercrime Act in 2022. The law protects the nation’s critical information infrastructure and prevents cybercrime. The Act defines a range of cybercrimes and prescribes punishments for their commission, including hacking, identity theft, and cyberbullying. The Act also requires electronic communications service providers to cooperate with the government in investigations and data retention.
Eswatini’s Computer Crime and Cybercrime Act provides a comprehensive framework to address cybersecurity threats and protect the nation’s digital assets. The Act’s provisions allow for enhanced cybersecurity enforcement, requiring the government to establish a national computer emergency response team to respond to cyberattacks and other cyber incidents. The Act also mandates government agencies and organizations to implement security measures and policies to safeguard their data against cyber threats.
The Computer Crime and Cybercrime Act represents Eswatini’s efforts to tackle the rising threat of cybercrime and cyberattacks. It aims to ensure the nation’s digital assets are secure and resilient in the face of evolving cybersecurity threats. With the Act’s provisions, Eswatini is poised to protect its information infrastructure and bolster its cybersecurity posture.
PART I: PRELIMINARY PROVISIONS
1 – Short title and commencement
2 – Interpretation
PART II: COMPUTER OFFENCES
3 – Illegal access
4 – Illegal remaining
5 – Illegal interception
6 – Illegal data interface
7 – Data espionage
8 – Illegal system interference
9 – Illegal devices
10 – Computer-related forgery and uttering
11 – Computer-related fraud
12 – Phishing
13 – Cyberterrorism
14 – Child pornography
15 – Prohibition of distribution or publication of pornography
16 – Identity-related crimes
17 – Cyber Bullying and Cyber Stalking
18 – Extortion
19 – Website Defacement
20 – Racist and xenophobic material
21 – Racist, hate speech and xenophobic motivated insult
22 – Genocide and crimes against humanity
23 – Trafficking in Humans, Endangered Species and Illegal Merchandize
24 – Spam or Spamming
25 – Denial of Service and Botnets
26 – Disclosure of details of an investigation
27 – Failure to permit assistance
28 – Harassment utilizing means of electronic communication
29 – Violation of intellectual property rights
30 – Attempting, abetting and conspiring
PART III: EXTRA TERRITORIAL JURISDICTION
31 – Jurisdiction
32 – Extradition and mutual legal assistance
PART IV: PROCEDURAL LAW
33 – Search and seizure
34 – Assistance
35 – Production order
36 – Expedited preservation of traffic data
37 – Partial disclosure of traffic data
38 – Collection of traffic data
39 – Interception of content data
40 – Forensic tool
PART V: LIABILITY
41 – No monitoring obligation
42 – Access provider
43 – Hosting provider
44 – Caching provider
45 – Hyperlinks provider
46 – Search engine provider
PART VI: GENERAL PROVISIONS
47 – Limitation of liability
48 – Forfeiture of assets
49 – General provision on cybercrimes
50 – Offence by body corporate or un-incorporated
51 – Admissibility of Evidence
52 – Regulations
