Lesotho: The Computer Crime and CyberCrime Act, 2013
The Computer Crime and CyberCrime Act of 2013 is a law passed by the Lesotho government to address cybercrime and computer-related offences in the country. The law criminalizes various online activities, including unauthorized access, hacking, data theft, and cyberbullying. It also provides for stiff penalties, including fines and imprisonment, for offences such as cyber fraud, phishing, and identity theft.
The law establishes the Lesotho Cybersecurity Agency as the country’s lead cybersecurity and cybercrime investigation and prevention agency. The agency works with other government agencies and private sector organizations to share information about cyber threats and to develop strategies for addressing them.
The law has been praised for its comprehensive approach to cybersecurity and for its emphasis on international cooperation in the fight against cybercrime. However, some critics have raised concerns about the potential for the law to be used to infringe on civil liberties and privacy rights. The law 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.
PART I – PRELIMINARY PROVISIONS
Section Title
1 – Short Title and commencement
2 – Application
3 – Interpretation
PART II – Offences
4 – Illegal Access
5 – Illegal Remaining
6 – Illegal interception
7 – Illegal Data Interface
8 – Data Espionage
9 – Illegal System Interference
10 – Illegal Devices
11 – Computer-related Forgery
12 – Computer-related Fraud
13 – Child Pornography
14 – Pornography
15 – Identity-related crimes
16 – Racist and Xenophobic material
17 – Racist and Xenophobic Motivated Insult
18 – Genocide and Crimes Against Humanity
19 – SPAM
20 – Disclosure of details of an investigation
21 – Failure to permit assistance
22 – Harassment utilizing means of electronic communication
23 – Violation of Intellectual Property rights
24 – Attempt, Abetment and Conspiracy
PART III – JURISDICTION
25 – Jurisdiction
26 – Extradition
PART IV – ELECTRONIC EVIDENCE
27 – Admissibility of Electronic Evidence
PART V – PROCEDURAL LAW
28 – Search and Seizure
29 – Assistance
30 – Production Order
31 – Expedited preservation
32 – Partial Disclosure of traffic data
33 – Collection of traffic data
34 – Interception of content data
35 – Forensic Tool
PART VI – LIABILITY
36 – No Monitoring Obligation
37 – Access Provider
38 – Hosting Provider
39 – Caching Provider
40 – Hyperlinks Provider
41 – Search Engine Provider
PART VII – GENERAL PROVISIONS
42 – Limitation of Liability
43 – Forfeiture of Assets
44 – General Provision on Cybercrimes
45 – Regulations
46 – Offence by body corporate or Un-incorporate
47 – Prosecutions
48 – Compounding of Offences
PART VIII – CONSEQUENTIAL AMENDMENTS AND SAVINGS (a) COMMUNICATIONS ACT, NO – 4 OF 2012
49 – Construction
50 – Amendment of Section 44
PART IX – PENAL CODE ACT, NO – 30 OF 2012
51 – Construction
52 – Amendment of Section 62
