Seychelles: The CyberCrimes and other Related Crimes Act, 2021
The CyberCrimes and other Related Crimes Act, 2021 was enacted in Seychelles to address the growing threat of cybercrime in the country. The Act provides a comprehensive legal framework for cyber-related offences such as unauthorized access, hacking, identity theft, cyberstalking, and online fraud. It also makes provisions for protecting critical national information infrastructure against cyber-attacks.
The CyberCrimes Act also establishes a Cyber Crime Unit responsible for investigating and prosecuting cybercrime in the country. The Unit collaborates with other law enforcement agencies and international partners to combat cybercrime effectively.
The CyberCrimes and other Related Crimes Act, 2021 is an essential tool in Seychelles’ efforts to tackle cybercrime, safeguard the country’s digital infrastructure, and ensure the safety and security of its citizens online. The Act helps to promote a secure online environment and reinforces the message that cybercrime is a serious offence with severe penalties.
PART I – PRELIMINARY
SECTIONS
1 – Short title and commencement
2 – Interpretation
3 – Application of the Act
PART II – OFFENCES
4 – Unauthorised access to computer system
5 – Access with criminal intent
6 – Unauthorised interception
7 – Unauthorised interference with computer data
8 – Unauthorised interference of computer system operation
9 – Unlawful possession of illegal devices
10 – Electronic fraud
11 – Computer system related forgery
12 – Unauthorised disclosure of access credentials
13 – Cyber extortion
14 – Cyber harassment
15 – Cyber stalking
16 – Offensive electronic communications
17 – Pornographic or obscene material
18 – Pornographic publication
19 – Unlawful disclosure by electronic service provider
PART III – INVESTIGATIONS AND PROCEDURES
20 – Preservation Order
21 – Disclosure of preserved computer data
22 – Production Order
23 – Power to access, search and seizure for the purpose of investigation
24 – Real time collection of traffic data
25 – Deletion Order
26 – Limited use of disclosed computer data and information
PART IV – MISCELLANEOUS
27 – Punishment for non compliance of an order section 20, 21, 22 or 25 or contravention of section 26
28 – Jurisdiction
29 – Extradition
30 – Forfeiture
31 – Spontaneous information
32 – Expedited preservation of stored computer data
33 – Expeditious disclosure of preserved traffic data
34 – Mutual assistance regarding accessing of stored computer data
35 – Trans-border access to stored computer data with consent or where publicly available
36 – Mutual assistance in real time collection of traffic data
37 – Mutual Assistance regarding the interception of content computer data
38 – Networking
39 – Obligation to monitor transmitted or stored computer data
40 – Criminal liability for providing access and transmitting information
41 – Criminal liability for storing at the request of user
42 – Application of certain provisions of the Penal Code
43 – Regulations
44 – Repeal of Cap 254
45 – Savings provisions
