Despite legislation being in place, sextortion still plagues many members of the South African public.
This came to light during an information-sharing session on cyber crime hosted yesterday by the Council for Scientific and Industrial Research (CSIR).
Cyber extortion, sextortion and cyber bullying are among the cyber-related incidents that often go unreported, despite worrying estimates of their prevalence, says Billy Petzer, research group leader: cyber security systems at the CSIR.
According to Petzer, even though the country has regulation in the form of the Cyber Crimes Act, there's been slow development on it and adoption is also quite slow.
“We expect to see further increase in cyber harassment, cyber extortion and sextortion. These are cyber attacks that largely affect the individual and often go unreported. It doesn't mean it's not happening; it doesn't mean it's not rife and does not mean that the impact of it is not profound.”
The Cyber Crimes Act is SA’s policy that creates offences that have a bearing on cyber crime. It aims to bring the country’s cyber security legislation in line with global best practices.
President Cyril Ramaphosa signed the legislation into law on 1 December 2021, proclaiming that certain sections will commence.
Among the specific parts that have commenced are those that speak to malicious communications in chapter two of the Act. Chapter two, Section 16 makes it a crime to send a data message that discloses an intimate image of someone without their consent.
The affected party can lay a charge against the perpetrator with the local police, which may result in a fine or jail time of up to three years or longer if a court finds the perpetrator guilty of sending malicious communications.
Petzer emphasised the Cyber Crimes Act speaks to a range of cyber crime acts that are criminalised; for example, the sending of intimate pictures. “In the past, you could send pictures of other people without their consent and there wasn’t much they could’ve done about that.
“At the moment, the Cyber Crimes Act speaks to what will happen if you send intimate pictures of someone to others without their consent.
“Sextortion – that’s the big problem – often goes unreported because there’s also an embarrassment factor to it. People tend to not want to tell their family or the police, which further exacerbates the problem because a lot of these actors then get away with it.”
Petzer concluded by saying the CSIR is engaging with various government departments, including the South African Police Service (SAPS), on the issues of cyber crime.
The CSIR is collaborating with the SAPS to establish the Cyber Crime Designated Point of Contact, as outlined in the Cyber Crimes Act.
The Cyber Crime Designated Point is intended to aid in centralised cyber crime reporting and investigation. “SAPS and the CSIR are currently collaborating in the design and implementation thereof.”
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