{"id":345486,"date":"2019-10-10T08:21:59","date_gmt":"2019-10-10T06:21:59","guid":{"rendered":"https:\/\/businesstech.co.za\/news\/?p=345486"},"modified":"2019-10-10T08:21:59","modified_gmt":"2019-10-10T06:21:59","slug":"sending-these-types-of-whatsapp-messages-could-soon-land-you-in-jail-in-south-africa","status":"publish","type":"post","link":"https:\/\/businesstech.co.za\/news\/internet\/345486\/sending-these-types-of-whatsapp-messages-could-soon-land-you-in-jail-in-south-africa\/","title":{"rendered":"Sending these types of WhatsApp messages could soon land you in jail in South Africa"},"content":{"rendered":"<p>Government is looking to revive the Cybercrimes and Cybersecurity Bill which lapsed automatically when parliament was dissolved on 7 May 2019.<\/p>\n<p>The bill aims to bring South Africa in line with other countries\u2019 cyber laws as well as the ever-growing threat of cybercrime.<\/p>\n<p>While the majority of the bill focuses on criminalising the theft and interference of data, it has also introduced new regulations surrounding any \u2018malicious\u2019 electronic communication.<\/p>\n<p>These malicious messages include:<\/p>\n<ul>\n<li>Data messages which incite damage to property or violence;<\/li>\n<li>Data messages which threaten persons with damage to property or violence;<\/li>\n<li>Distribution of data message which contains an intimate image without that person&#8217;s consent.<\/li>\n<\/ul>\n<p>The bill states that any person who is found guilty of sending these types of messages is liable on conviction to a fine or to imprisonment for a period not exceeding three years or to both a fine and such imprisonment.<\/p>\n<p><strong>FPB Act<\/strong><\/p>\n<p>Should it be revived, the proposed Cybercrimes and Cybersecurity Bill will likely be used alongside the Film and Publications Amendment Act which was <strong><a href=\"https:\/\/businesstech.co.za\/news\/government\/344200\/5-major-new-laws-approved-by-ramaphosa\/\" target=\"_blank\" rel=\"noopener noreferrer\">signed<\/a> <\/strong>into law by President Ramaphosa at the start of October.<\/p>\n<p>Known as the \u2018internet censorship bill\u2019 by some of its opponents, the act introduces a number of changes including harsher rules to protect children from disturbing and harmful content, and to regulate the online distribution of content such as films and games.<\/p>\n<p>Notably, the act states that any person who <strong>knowingly distributes private sexual photographs and films without prior consent<\/strong> and with intention to cause the said individual harm shall be guilty of an offence and liable upon conviction.<\/p>\n<p>This includes a possible fine not exceeding R150,000 or to imprisonment for a period not exceeding two years and\/or to both a fine and imprisonment not exceeding two years.<\/p>\n<p>Where the individual is identified or identifiable in said photographs and films, this punishment rises to a R300,000 fine and\/or imprisonment not exceeding four years.<\/p>\n<p>The act also states that any person who knowingly distributes a message which <strong>amounts to propaganda for war, incites imminent violence, or advocates hate speech<\/strong>, shall be guilty of an offence.<\/p>\n<p>This includes a possible fine not exceeding R150,000 and\/or imprisonment for a period not exceeding two years.<\/p>\n<p>While the FPB Act has been signed into law, it will only come into effect on a date decided upon by President Ramaphosa in a government gazette.<\/p>\n<hr \/>\n<p><strong>Read: <a href=\"https:\/\/businesstech.co.za\/news\/government\/344200\/5-major-new-laws-approved-by-ramaphosa\/\" target=\"_blank\" rel=\"noopener noreferrer\">5 major new laws approved by Ramaphosa<\/a><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Government is looking to revive the Cybercrimes and Cybersecurity Bill which lapsed automatically when parliament was dissolved on 7 May 2019.<\/p>\n","protected":false},"author":10,"featured_media":245533,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9882],"tags":[26],"class_list":["post-345486","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-internet","tag-headline"],"_links":{"self":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/345486","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/users\/10"}],"replies":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/comments?post=345486"}],"version-history":[{"count":9,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/345486\/revisions"}],"predecessor-version":[{"id":345524,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/345486\/revisions\/345524"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/media\/245533"}],"wp:attachment":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/media?parent=345486"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/categories?post=345486"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/tags?post=345486"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}