cybercrime prevention act of 2012 pdf

2001, The National Social Security and Insurance Trust Act, The the National Council for Technical, Vocational and other Academic Awards 2 of 2002. provide for the implementation of the Agreement and for other related A 2011 written question[53] requesting information about prosecutions under section 2 during the period 2006-2009 showed 5,006 persons proceeded against during 2006-7 of whom 3,543 were found guilty, 4,940 proceeded against during 2007-8 of whom 3,650 were found guilty and 4,865 proceeded against during 2008-9 of whom 3,892 were found guilty. vessels, the licensing and safety of maritime personnel and for the General Law (Business Start-up) Human Rights Commission of Sierra Leone Act, 2004, The 128, No. 2 of 2007] The Payment Systems Act, 2009 [No. [17], The Electronic Frontier Foundation has also expressed concern about the Act,[18] supporting local media and journalist groups which are opposed to it. of 1975] Act, 2007 *searchable [No. Independent Media Commission Act, 2000 [No. ammunition. 7 of 2016] 244 and the Merchandise Marks Act, Cap. to the expeditious establishment, growth and development of business in Being an Act to amend the Being an Act to amend the Political Parties Act, 2002 Amends No. Repeals the State Salaries, Pensions, Gratuities and Other Benefits for the terms and conditions of petroleum exploration and production and make provision for the control of the clearing and forwarding of all The Finance (Amendment) Act, 2018 [No. Consolidate and Amend the Law Relating toPublic Order. Any person found guilty of any of the punishable acts enumerated in Section 5 shall be punished with imprisonment one (1) degree lower than that of the prescribed penalty for the offense or a fine of at least One hundred thousand pesos (PhPl00,000.00) but not exceeding Five hundred thousand pesos (PhP500,000.00) or both. The Franchise and Electoral Registration (Suspension of Objection Provisions) Decree, 1996 [NPRC Decree No. Being an Act to repeal and replace the Weights and Measures Act, 1961, to authorise and validate the use of the metric system of measurements based on the International System of Units, to provide for the comparison and verification of weights and measures and to provide for other related matters. 10 of 2008. Leone (hereinafter referred to as the Government) of the one part and Law enforcement authorities, with due cause, shall be authorized to collect or record by technical or electronic means traffic data in real-time associated with specified communications transmitted by means of a computer system. An ordinance to transfer to and vest in the Government of Sierra Leone all lands in the colony at present vested in or held by the Admiralty, the Air Ministry and the War Department. Electoral Provisions Act, 1962 (Act No. The Non-Citizens (Registration, Immigration and Expulsion) Act, 1965 [No. 170491, April 04, 2007, People v. Enojas, G.R. . Oxford University Press. (2) Illegal Interception. of 2001] 11 of 1970). Being an Act to authorise expenditure from the Consolidated Fund Amendatory bills on cybercrime investigations are under work in the Philippines, with new provisions being introduced on procedural powers, responsibilities, and extradition. Being an Act to modernise and simplify the laws relating to customs and the prohibition and control of importation and exportation of certain goods; and to provide for related matters. 257). 2 of 2001]. The Sierra Leone National Commission on Small Arms Act, 2010 [No. [2], A major amendment was made in 2008. The Trade Marks Act, 2014 [No. Repealed by the Audit Service Act, 2014. Being an Act to amend the other related matters. 3 of 1974] The Appropriation Act, 2006 The Bank of Sierra Leone (Amendment) Decree, 1997 [AFRC Decree No. Armed Forces of the Republic of Sierra Leone (Amendment) Act, *searchable [No. Being an Act to authorise expenditure from the Consolidated Fund for the services of Sierra Leone for the year 2008. The Small claims track in the United Kingdom can be used for such claims as well. Trafficking in human beings is often linked with other forms of organised crime such as migrant smuggling, drug trafficking, extortion, money laundering, document fraud, payment card fraud, property crimes, cybercrime and other. 11 of 2000. the General Assembly of the United Nations on 20th November, 1989, and Sierra Leone Maritime Administration Act, 2000, The Textbook on Criminal Law. No. Repeals The Extradition Act, 1962. [21] On October 2, the Supreme Court initially deferred action on the petitions, citing an absence of justices which prevented the Court from sitting en banc. The Payroll Tax (Amendment) Act, 2004 12 of 2007] Being an Act to provide for the establishment of the National Protected Area Authority and Conservation Trust Fund, to promote biodiversity conservation, wildlife management, research, to provide for the sale of ecosystems services in the National Protected Areas and to provide for other related matters. Being an Act to ratify the Joint Venture Agreement relating to the setting up and operations of Sierra Leone National Carrier Limited; to grant to Sierra Leone National Carrier Limited the status of the sole National Carrier of the Republic of Sierra Leone, to reserve to Sierra Leone National Carrier Limited the right to perform at its discretion the maritime transportation of forty per cent of the total value of cargo exported out of, and imported into, Sierra Leone, whether they be utilised or in bulk, dry or liquid, including the provision of FPSOs and FSOs. [16] However, Senator TG Guingona criticized the bill, calling it a prior restraint to the freedom of speech and freedom of expression. [7][note 1], The Cybercrime Prevention Act of 2012 is one of the first laws in the Philippines which specifically criminalizes computer crime, which prior to the passage of the law had no strong legal precedent in Philippine jurisprudence. technical and vocational training, adult and non-formal education and Modifies the Ports Act, 1964. for other related matters. 9 of 2006] The Finance Act, 2017 [No. 24 of 2007]. 7 September 2012, 162 NLJ 1106, Clive Coleman. Any person found guilty of any of the punishable acts enumerated in Section 4(c)(3) shall be punished with imprisonment of arresto mayor or a fine of at least Fifty thousand pesos (PhP50,000.00) but not exceeding Two hundred fifty thousand pesos (PhP250,000.00) or both. 4 of 2011] 2004] The course of conduct must either cause B "to fear, on at least two occasions, that violence will be used against B" or causes B "serious alarm or distress which has a substantial adverse effect on B's usual day-to-day activities". Being an Act to amend the The Entertainment Tax (Amendment) Act, 2004 [14], Senator Edgardo Angara, the main proponent of the Act, defended the law by saying that it is a legal framework to protect freedoms such as the freedom of expression. No. for other related matters. "[30], Section 7(2) of the Act provides that, for the purpose of the interpretation of sections 1 to 5A, references to harassing a person include alarming the person or causing the person distress. Hosted by Office of Cybercrime-Department of Justice and [52] Several organizations continue to fight for the decriminalization of all forms of libel in the Philippines, including the National Union of Journalists of the Philippines[53] and Vera Files. 1 of 2017] Being an Act to provide a framework for the establishment of credit reference bureaus, to establish the conditions for credit reporting and to provide for other related matters. 2 of 1997] "Professor arrested for poking fun at Mamata", "Cartoon a conspiracy, prof an offender: Mamata", "Arrest over tweet against Chidambaram's son propels 'mango man' Ravi Srinivasan into limelight", "Mumbai shuts down due to fear, not respect", "FB post: 10 Sainiks arrested for hospital attack", "Facebook row: Court scraps charges against Palghar girls", "Teen arrested for Facebook post attributed to Azam Khan gets bail", "UP tells SC that prosecution on boy for post against Azam Khan will continue", "Government Bans 59 mobile apps which are prejudicial to sovereignty and integrity of India, defence of India, security of state and public order", "Can Chinese apps appeal India's ban? 12 of 1994), The Civil Aviation Act, 2008 [No. The Legal Aid Act, 2012 [No. 2 of 2015] Phishing is an example of a highly effective form of cybercrime that enables criminals to deceive users and steal important data. Amends the Income Tax Act, 2000. 236. 8] 2006 *searchable [No. stability and to provide for other related matters. 3 of 2020] Section 18. Being an Act to amend the Electoral Provisions Act. Reconstruction and development Act, 1999, The Constitutional and Statutory Instruments Act, He was supported by D. Bandyopadhyay, Gyan Prakash Pilania, Basavaraj Patil Sedam, Narendra Kumar Kashyap, Rama Chandra Khuntia and Baishnab Charan Parida. The integrity of traffic data and subscriber information relating to communication services provided by a service provider shall be preserved for a minimum period of six (6) months from the date of the transaction. Section 7(5) was inserted by section 125(7)(b) of the Serious Organised 1965). compatible with the Convention on the Rights of the Child, adopted by Repeals the Being an Act to make revisions and supplementary provision for the services of Sierra Leone for the year 2020. Civil remedies include damages, interdict and non-harassment orders[54] backed by powers of arrest. and Reconciliation Act, 2000 *searchable [No. 11] "[67], In February 2012, Elfyn Llwyd, chairing an Independent Parliamentary Inquiry into reform of stalking law, said the Act was "not an effective tool against stalking". Being an Act to amend the 2000 [No. The access to the whole or any part of a computer system without right. Finally, the Act includes a "catch-all" clause, making all offenses currently punishable under the Revised Penal Code also punishable under the Act when committed using a computer, with more severe penalties than what was provided by the Revised Penal Code alone. The Protection from Harassment Act 1997 (Commencement) (No. Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable. The Census (Amendment) Act, 1974 Repeals the Dangerous Drugs Act [Cap. 12 of 2018] related matters. Being an Act to amend the Legal Practitioners Act, 2000. Indirectly, through the use of electronic eavesdropping or tapping devices. 9 of 2008] ----------------------------------------------------, Powers and Functions (Sec. Section 12. agreements and for other related matters. matters. EMMA LIRIO-REYESSecretary of Senate, (Sgd.) 6 of 1986] Textbook on Criminal Law. Amends No. Upon expiration of the periods as provided in Sections 13 and 15, service providers and law enforcement authorities, as the case may be, shall immediately and completely destroy the computer data subject of a preservation and examination. The Local Government Act, 2004 [4] An online post does not even need to be public for cases to be filed by the DOJ. The amount of Fifty million pesos (PhP50,000,000_00) shall be appropriated annually for the implementation of this Act. water transport and for other matters connected therewith. Minister of Communications and Information Technology, Section 66A and restriction of free speech, Importance of the Information Technology Act, Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Prevention of Insults to National Honour Act, 1971, Minister for Communications and Information Technology, "IT Act to come into force from August 15", "Section 66A of the Information Technology Act", "Deaf, Dumb & Dangerous - 21 Minutes: That was the time our MPs spent on Section 66A. matters. The Bank of Sierra Leone Act, 2011 [No. 12 of 2004] Sierra Leone Independence Act, 1961 [Cap. 28, Implementing Rules and Regulations), Laws, Rules and Regulations, and other Issuances, Transcript:Transcript_of_FORUM_ON_CYBERCRIME_PREVENTION_ACT_OF_2012.pdf, Video of the FORUM ON CYBERCRIME PREVENTION ACT OF 2012 [39] Journalist Neil Addison believed that the Act was being misused and suggested it be amended so as to decriminalise harassment (but not breach of a court order prohibiting harassment). Data-driven insight and authoritative analysis for business, digital, and policy leaders in a world disrupted and inspired by technology 9] [29] In Thomas v News Group Newspapers and Another (2001), Lord Philips MR said: "'Harassment' is, however, a word which has a meaning which is generally understood. Allen, Michael J. Constitution with respect to the National Electoral Commission. :: Sitemap :: DOJ Action Center - The Sierra Leone Local Content Agency Act, 2016 [No. (b) Alteration refers to the modification or change, in form or substance, of an existing computer data or program. Besides an extensive legal framework on technical aspects, there are important acts on this field respecting: In the case of Disini vs. the Secretary of Justice, G.R. Being an Act to consolidate the law on the registration of businesses 2007 *searchable [No. Being an Act to ratify an Agreement between the Government of Sierra Leone of the one 20 of 2007] Secondary or subordinate legislation to the IT Act includes the Intermediary Guidelines Rules 2011 and the Information Technology Liberali, Benedetta. Being an Act to provide for the criminalization of money laundering and financing of terrorism, the establishment of structures to implement this and for other related matters. Laws against production, distribution and consumption of child pornography generally separate images into three categories: real, pseudo, and virtual. Any person found guilty of any of the punishable acts enumerated in Section 4(c)(2) of this Act shall be punished with the penalties as enumerated in Republic Act No. Amends the Income Tax Act, 2000 (No. Being an Act to give effect to the Geneva Conventions done at Geneva on 12th August 1949 and to the Protocols additional to those Conventions done at Geneva on 8th June 1977 and for other related purposes. "[5] Home Office guidance on the Act[6] says "The legislation was always intended to tackle stalking, but the offences were drafted to tackle any form of persistent conduct which causes another person alarm or distress. 77 - PN No. Oxford University Press. 1968 (No. All relevant international instruments on international cooperation in criminal matters, arrangements agreed on the basis of uniform or reciprocal legislation, and domestic laws, to the widest extent possible for the purposes of investigations or proceedings concerning criminal offenses related to computer systems and data, or for the collection of evidence in electronic form of a criminal, offense shall be given full force and effect. [1], While hailed for penalizing illegal acts done via the Internet that were not covered by old laws, the act has been criticized for its provision on criminalizing libel, which is perceived to be a curtailment of the freedom of expression"cyber authoritarianism". The Domestic Violence Act, 2007 The Being an Act to establish the Sierra Leone Correctional Service, to introduce provisions for the organization and management of correctional centres and for other related matters. The Merchant Shipping (Amendment) Act, 2008 [No. 80), the Townships Act (Cap. Being an Act to provide The Being an Act to provide for the imposition and alteration of taxation for the year 2011 and for other related matters. Service providers are required to cooperate and assist law enforcement authorities in the collection or recording of the above-stated information. He said that if the Act was not amended, there would be "a clear danger that it could come to be seen as an oppressive piece of legislation". Amends the Armed Forces of Sierra 12 of 2012] The Goods and Services Tax Act, 2009 [No. [10], This section creates a specific offence of stalking. Being an Act to establish 10 of 2014] Passengers Act, the African Labourers (Employment at Sea) Act, the 11 of 2017] connected therewith. Amended 2002 (No. *searchable [No. Being an Act to amend the Road Transport Authority Act, 1996. 11 of 2012] Imprisonment up to three years, or/and with fine. As a result, an enormous amount of personal information and financial transactions become vulnerable to cybercriminals. (e) Computer data refers to any representation of facts, information, or concepts in a form suitable for processing in a computer system including a program suitable to cause a computer system to perform a function and includes electronic documents and/or electronic data messages whether stored in local computer systems or online. Page 2. The Imposition of Curfew Decree, 1997 [AFRC Decree No. . 2002 [No. Being an Act to provide for the services of Sierra Leone for the year 2000. [22] The initial lack of a temporary restraining order meant that the law went into effect as scheduled on October 3. The Independent Commission for Peace and National Cohesion Act, 2021 [No. In February 2017, A Delhi based Ecommerce Portal made a Complaint with Hauz Khas Police Station against some hackers from different cities accusing them for IT Act / Theft / Cheating / Misappropriation / Criminal Conspiracy / Criminal Breach of Trust / Cyber Crime of Hacking / Snooping / Tampering with Computer source documents and the Web Site and extending the threats of dire consequences to employees, as a result four hackers were arrested by South Delhi Police for Digital Shoplifting. The Council of Legal Education Act, 1989 (Act No. 5 of 2016] 12 of 2016). [No. The Bank of Sierra Leone Act, 2019 [No. Repeals the Business Names Registration Act (Cap. 5 of 2008] The Companies Act, 2014 [No. 256, Statutes Relating to Land Law in Sierra Leone 31). Where any person against whom an injunction has been granted under this section does "without reasonable excuse" anything prohibited by that injunction, section 3(6) of the Act makes that person guilty of an offence. 8 of 1971). education in Sierra Leone and to provide for other matters connected Being a Decree to provide for the standardization of commodities and products, to establish the Sierra Leone Standards Bureau and the National Standards Council and to provide for other related matters. "[42] In 2003, David Ormerod said that the "course of conduct" element defies definition. The Truth Amends the Legal Practitioners Act, 2000. However, in addition to it allowing the person who is the victim or who may be the victim of the conduct in question to seek an injunction, it also gives a similar right to someone whose behaviour the harassment is intended to influence. 8 of 2000). Repeals the Corporal Punishment Act. Being an Act to provide for the establishment of an Authority for the regulation and development of the road transport industry, including the regulation and licensing of vehicles, the licensing of drivers, the prescription of routes for passenger and goods transportation and for other matters connected with the foregoing. Repeals the Rural Areas Act (Cap. 2 of 1995). [49], On March 2, 2020, the first guilty verdict in a cyberlibel case was returned against a local politician, Archie Yongco, of Aurora, Zamboanga del Sur. Cap. 1 of 2016). San Agustin III, City of Dasmarinas, Cavite (Lot Area: 35.00 sqm; Floor Area: 60.00 sqm) For Negotiated Sale on November 7-11, 2022 (Occupied) Being an Act to promote, facilitate and streamline conclusion and implementation of public private partnership agreements by a contracting authority; to establish a Public Private Partnership Unit; to establish private partner selection procedures in PPP Agreements; and to provide for matters incidental thereto. Sierra Leone Housing Corporation Act, 1982 (Act No. 61 (1962), of the other part. Section 25. 5 of 1994). establish a commission for the protection and promotion of human rights Section 10. [11], The offence created by this section is a summary offence and a person guilty of it is liable on conviction to imprisonment for a term not exceeding 51 weeks, or to a fine not exceeding level 5 on the standard scale, or to both.[12]. [Superseded by Act No. Amends the Income Tax Act. Constitution of Sierra Leone, 1991, The Constitution (Amendment) Act, 11 of 2008] [No. Criminal Procedure. 2 of 2001] The Independent Media Commission (Amendment) Act, 2006 [No. Constitution of Sierra Leone, 1978 (Act No. No. 1 of 2014] The part and the United Nations of the other part signed on 16th January, In protest, Filipino netizens reacted by blacking out their Facebook profile pictures and trending the hashtag #NoToCybercrimeLaw on Twitter. 7 of 2009] Custody of Computer Data. counterparts and others around the world and for other related matters. Amends the Polytechnics Act, 2001. A person cannot be guilty of an offence for his actions alone; there must also be the requisite intention, knowledge, recklessness, or criminal negligence at the relevant time. The Anti-Money Laundering Act, 2005 Being an Act to amend the Sierra Leone Citizenship Act, 1973 so as to grant the right of dual citizenship and citizenship by birth directly through the mother. Blackstone's Guide to the Protection from Harassment Act 1997. The Act, divided into 31 sections split across eight chapters, criminalizes several types of offense, including illegal access (hacking), data interference, device misuse, cybersquatting, computer-related offenses such as computer fraud, content-related offenses such as cybersex and spam, and other offenses. Repeals the Government Budgeting and Accountability Act, 2005 (Act No. [27] Over four hours of oral arguments by petitioners were heard on January 15, 2013, followed by a three-hour rebuttal by the Office of the Solicitor General, representing the government, on January 29, 2013. Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. "[49], The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 suppresses India's Intermediary Guidelines Rules 2011.[50]. 1999 [No. Being an Act to amend the Telecommunications Act, 2006. 1 of appropriation, control and management of the finances and other Being an Act to provide for the Service of Sierra Leone for the year 1998. Being an Act to authorise expenditure from the Consolidated Fund for the services of Independent Parliamentary Inquiry into Stalking Law Reform, Main Findings and Recommendations, February 2012 at p.2. 14 of 2016] Lawson-Cruttenden, Timothy; Addison, Neil. Seizure of Aircraft signed at The Hague on 16th December, 1970. Enterprises (Reform) (Amendment) Act, 1993. 14 of 2007] 4 of 2001] 5 of 2017] In addition to treaties, which are Butterworths. Being an Act to provide for the promotion of the rights of the child 2 of 1986] 30 (1966), Cap. 5 of 2004] The Political Parties Act, 2002 [No. Amended by No. 3 c. 19); The Criminal Libel Act, 1819 (60 Geo. 4 of 2020] The PIL was accepted on 29 November 2012. for more drastic penalties for the unlawful possession of explosives. Repealing Clause. 9 of 1974] Amends the National Revenue Authority Act, 2002 (No. [No. Being an Act to provide providing for the prevention, investigation, suppression and the imposition of penalties therefor and for other purposes. Section 33(a) of Republic Act No. However, in each case the penalties for breach of a restraining order or an injunction are similar: on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both, or on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both.

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