Three types of social media messages that could land you in jail

Image: Pexels

Image: Pexels

Published Nov 13, 2018

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Durban - Parliament's Justice Committee has officially adopted the Cybercrimes and Cybersecurity Bill last week. The Bill seeks to institute cyber laws that will bring the country up to speed with laws governing social media across the globe. 

The majority of the Bill focuses on criminalising the theft and interference of information.

While you may argue the right to privacy and freedom of speech, if you are caught with these three messages on your cell phone, you could find yourself being issued a fine or three years behind bars.

A message which incites damage to property or violence

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Any person who unlawfully makes available, broadcasts or distributes by means of a computer system, a data message to a person, group of persons or the general public with the intention to incite:

(a) the causing of any damage to property belonging to; or

(b) violence against, a person or a group of persons.

It further clarifies that ‘violence’ means any bodily harm, while ‘damage to property’ means damage to any corporeal or incorporeal property.

A message which threatens persons with damage to property or violence -

The Bill clarifies that ‘group of persons’ means characteristics that identify an individual as a member of a group,

These characteristics include without limitation; race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, birth and nationality.

A message which unlawfully contains an intimate image -

Any person who sends a message containing an intimate image of a person without their consent is guilty of an offence. The Bill describes an ‘intimate image’ as both real and simulated messages which show the person as nude or display his or her genital organs or anal region. This includes instances where the person is identifiable through descriptions in the message or from other information displayed in the data message. It also notes that the message is an offence if the person is female and her covered genitals or breasts are displayed in a manner that violates or offends her sexual integrity or dignity.

The Bill was first proposed in 2017. 

Daily News

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