Law quiet on cyber bullying

The Cybercrime and Computer Relat ed Crimes Act of 2018, does not have a specific offence of cyber bullying.

Minister of Defence, Justice and Security, Kagiso Mmusi told parliament that this is the greatest challenge that Botswana faces.

However, the minister said the following offences are provided for in the Act and have elements and similarities of cyber bullying;

Cyber harassment at Section 16, Cyber stalking at Section 17, Cyber extortion at Section 14, Offensive electronic communication at Section 18, and Revenge pornography at Section 20.

Specially elected MP Unity Dow had asked Mmus i to state the number of cases, if any, of cyber bullying and, or what limitations, if any, have been observed in the current cybercrime law.

She also wanted him to say whether he considers it necessary to reform the law to make it obligatory that those who participate in the cyberspace give their full names and are prohibited from hiding behind fake identities. Mmusi responded that since the enactment of the Cybercrime and Computer Related Crimes Act in 2018, a total of 38 such cases have been recorded as follows:

Four on cyber stalking; cyber extortion three, electronic communication 27, revenge pornography four.

He said that of these 38 cases , three were completed before court, four withdrawn by complainants, 22 are still under investigation, seven have been submitted to the Directorate of Public Prosecutions ( DPP) for possible prosecution, one was closed as undetected, and one was found to be faulty. With respect to limitations in the current cyber law, he indicated that the Cybercrime and Computer Related Crimes Act of 2018 is a new piece of legislation addressing uncommon and emerging criminal offences, which previously were not expressly provided for in any law.

Therefore, given the short period that the law has been in operation from July 2018 to date, “we have not identified any limitations warranting intervention”, the minister said.

Mmusi acknowledged that cybercrime and computer related offences are not expected to be static, as they are premised on technological advancements which by nature keep on evolving.

He said parliament must note that social media services are offered by entities outside Botswana’s jurisdiction, and they have their own processes for registration of accounts and use legislation from their own countries.

However, he said the ministry, through Botswana Police Service is conducting public awareness campaigns to sensitise account holders on how to protect themselves from cybercrime.