2 of 2017] Being an Act to establish Statistics Sierra Leone as a body corporate for the 15 of 2000] 10 of 2008] for other related matters. 75 (1964), Cap. [No. The Anti-Money Laundering and Combating of Financing of Terrorism (Amendment) Act, 2019 [No. (6) Cyber-squatting. Amends the Legal 5 of 2011] 48 (1962) - Cap. 203335, https://www.doj.gov.ph/files/cybercrime_office/2014-2015_Annual_Cybercrime_Report.pdf, http://technology.inquirer.net/21557/87-of-filipino-internet-users-have-been-victims-of-cybercrimes-doj, http://attylaserna.blogspot.fr/2015/09/ra-10175-cybercrime-prevention-act-of.html. 11 of 2017] 3 of 2014] to the expeditious establishment, growth and development of business in 2007. The 3] 8 of 2000] Consolidated 9775, if committed through a computer system. 10175 or the Cybercrime Prevention Act of 2012 created the Office of Cybercrime (OOC) within the DOJ and designated it as the Central Authority in all matters relating to international mutual assistance and extradition for cybercrime and cyber-related matters.. 4 of 1986] provide for the implementation of the Agreement and for other related The Chiefdom Councils (Amendment) Act, *searchable [No. operators and for the promotion of universal access to basic Disapplies the Banking Act, 1970 (Act No. 11 of 1974] The Persons With Disability Act, 2011 [No. Being an Act to provide for the qualification, election, powers, functions and removal of a person as Paramount Chief and for other matters connected with chieftaincy. Amends the Constitution of Sierra Leone, 1991. The Finance Act, 2017 [No. The National Electricity (Amendment) Act, 2018 [No. 15 of 2011] 3 of 2019] Being an Act to amend the Anti-Money Laundering and Combating of 1999, The Revolutionary United Front of Sierra Leone (Participation The "[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. Amends the Sierra Leone Military Forces Act, 1961. *searchable [No. [77][78], Because a PIN has no statutory basis and therefore no legal effect, there is no right of appeal against it, although a complaint can be made to the issuing police force. 20 of 1963), The Freetown Municipality (Amendment) Act, 1975 If punishable acts in Section 4(a) are committed against critical infrastructure, the penalty of reclusion temporal or a fine of at least Five hundred thousand pesos (PhP500,000.00) up to maximum amount commensurate to the damage incurred or both, shall be imposed. The National HIV and AIDS Commission Act, 2011 [No. Crime and Police Act 2005. If the commission of any of the punishable acts herein defined was made possible due to the lack of supervision or control by a natural person referred to and described in the preceding paragraph, for the benefit of that juridical person by a natural person acting under its authority, the juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Five million pesos (PhP5,000,000.00). [No. Development) (Amendment) Act, 2007, The Telecommunications (Amendment) Act, 13 of 2000] It is a form of sexual violence, which includes child sexual abuse, groping, rape (forced vaginal, anal, or oral penetration or a drug facilitated sexual assault), or the torture of the Entertainment Tax Act, 1971 administration and enforcement of specified laws, to make consequential (3) Unsolicited Commercial Communications. Being an Act to amend the *searchable [No. public procurement to procuring entities, to promote economic He asked the Act's critics to wait for the bill's implementing rules and regulations to see if the issues were addressed. Amends the Public Health Act, 1960. Being an Act to establish [No. Repeals the Audit Service Act, 1998. But the Court turned down a plea to strike down sections 69A and 79 of the Act, which deal with the procedure and safeguards for blocking certain websites. 2006, The Independent Media Commission (Amendment) Act, 2006, The National Power Authority (Amendment) Act, To systematically and methodically harden the Critical Information Infrastructure (CII) for resiliency; To prepare and secure government Infostructure; To raise awareness in the business sector on cyber risk and use of security measures among businesses to prevent and protect, respond and recover from attacks; To raise awareness of individuals on cyber risks and build a cybersecurity-educated society. 6 of 2002] Any person found guilty of any of the punishable acts enumerated in Section 4(c)(1) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) but not exceeding One million pesos (PhPl,000,000.00) or both. 1 of 2014] Repeals the Newspapers Act (Cap. The Postal Services Regulatory Agency Act, 2012 [No. [46], In 2022, it was reported[47] of a proposal to replace the Information Technology Act with a more comprehensive and updated Digital India Act, which would cover a wider range of information technology issues and concerns. [7][30][note 1] Notably, likes and "retweets" of libelous content, originally themselves also criminalized as libel under the law, were found to be legal. Definition of Terms. The Independent Media Commission (Amendment) Act, 2006 [No. Being an Act to make Laws against production, distribution and consumption of child pornography generally separate images into three categories: real, pseudo, and virtual. Being an Act to provide for the licensing of persons carrying on deposit-taking Being an Act to amend the Petroleum (Exploration and Production) Act, 2011. [48], The Indian government closely connects data to citizens' privacy and this is demonstrated when Shiv Shankar Singh states, "Each person must be able to exercise a substantial degree of control over that data and its use. for other matters connected therewith. Title. investors in, and the users of telecommunication networks and services, General Law (Business Start-up) and business names and to provide for other related matters. polytechnic institutions, to establish corresponding polytechnic Repeals the Franchise and Electoral Registration Act, Being an Act to establish the Sierra Leone Broadcasting Corporation and to provide for other related matters. [38][39], The bans on Chinese apps based on Section 69A has been criticized for possibly being in conflict with Article 19(1)(a) of the Constitution of India ensuring freedom of speech and expression to all, as well as possibly in conflict with WTO agreements. Glazebrook, P R. Blackstone's Statutes on Criminal Law. to provide for the licensing and regulation of telecommunications Being an Act to provide [75], In November 2011, whilst Theresa May was Home Secretary, the Home Office published a consultation on stalking which said: "We recognise that there are concerns around the process by which these notices are issued. Being an Act to establish an autonomous body for the regulation of mass media This section provides for a claim in civil proceedings (creating a statutory tort) by anyone who is or who may be a victim of conduct falling within section 1. 2000. 4); The London, Edinburgh, Dublin. Repeals the Environment Protection Act, 2000 [No. Amends the Explosives Act, 1955. The Merchant Shipping (Amendment) Act, 2008 [No. 3 "How a stalkers' law is now being used to catch 'bullies'". The Cybercrime Prevention Act of 2012, officially recorded as Republic Act No. 2001, The Equal Employment Opportunity Commission's guidance documents "Commentary" to Pratt v Director of Public Prosecutions, The Times (22 August 2001) Journal of Criminal Law, JCL 66(4), Ormerod, D C. "Commentary" to Kelly v DPP [2003] Crim LR 45 at 46. 77 - PN No. the Bayer Preussag Companies (hereinafter referred to as the Companies) The Child Rights Act, 2007 Baker, Dennis J; Williams, Glanville. First Edition. Section 17. The AFRC (Anti-Looting) Decree, 1997 [AFRC Decree No. Repeals the Insurance Act, 1971 (No. Intelligence. Civil forfeiture in the United States, also called civil asset forfeiture or civil judicial forfeiture, is a process in which law enforcement officers take assets from people who are suspected of involvement with crime or illegal activity without necessarily charging the owners with wrongdoing. (Amendment) Act, 2007 *searchable [No. (Amendment) Act, 2007, The Development Learning Centre Act, 2007, The Independent Media Commission (Amendment) A person guilty of an offence under section 4 is liable, on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both, or, on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both.[17]. 6 of 1963). 14 The Centre for Law and Democracy also published a detailed analysis criticizing the law from a freedom of expression perspective. [32] The court said that Section 66A of IT Act 2000 is "arbitrarily, excessively and disproportionately invades the right of free speech" provided under Article 19(1) of the Constitution of India. 1974 [No. therewith. The Insurance Act, 2016 [No. Crown Lands (Amendment) Act, 1961 [No. 3 of 85 - Cap. The Pensions and Retiring Benefits of Presidents and Vice-Presidents Act (Amendment) Decree, 1996 [NPRC Decree No. 9 of 2012] Video of the Presentation of Assistant Secretary Geronimo L. Sy, head of the Office of Cybercrime during the Forum on Cybercrime Prevention Act of 2012 He also said that law was barely debated before being passed in December 2008. Being an Act to provide for the taking of census from time to time and for other Repeals the Merchant Shipping (Fees) Act, the Unseaworthy Ships Act, 8 of 1986] Imprisonment up to ten years, or/and with fine. The National Cybersecurity Plan 2022 wants to reach the state of having a Trusted and Resilient Infostructure by the achievement of the following mission objectives: The legal framework of the Philippines for cybercrime and electronic evidence is largely in line with the Budapest Convention, with the Cybercrime Prevention Act entered into force in February 2014. The Environment Protection Act, Furthermore, Section 7 thereof provides that prosecution under the Cybercrime law shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended, or special laws. 10 of 2011] According to Baroness Scotland of Ashall, promoting the Bill in the House of Lords, this provision and the associated provisions of section 3A were intended to strengthen "the protection afforded to the bioscience industry, and those who work in it" including by "making it an offence to protest outside a person's home in a way that causes harassment, alarm or distress to the residents of that home. FrancoAngeli, Milano. The Bank of Sierra Leone (Amendment) Act, 1998 [No. Act, 2002. education system, including provision for pre-primary education, and for related matters. The National Drugs Control (Amendment) Act, 2008 [No. 256, Statutes Relating to Land Law in Sierra Leone The Local Government Act, 2004 Being an Act to continue in existence the Bank of Sierra Leone to act as banker, adviser and fiscal agent and to support the general economic policy of the Government of Sierra Leone, to provide for the maintenance of price stability and stable financial system, to provide for the formulation and implementation of monetary policy and prudence standards and to provide for other related matters. 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. Being a Decree to provide for the service of Sierra Leone for the year 1996. 75), the Sherbro Urban District for the evaluation and certification of certain academic courses and This section was inserted by section 111(1) of the Protection of Freedoms Act 2012. The liability imposed on the juridical person shall be without prejudice to the criminal liability of the natural person who has committed the offense. 29 (1972), No. 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. administrative machinery to ensure such protection and for other related Pursuant thereof, the law enforcement authorities may order any person who has knowledge about the functioning of the computer system and the measures to protect and preserve the computer data therein to provide, as is reasonable, the necessary information, to enable the undertaking of the search, seizure and examination. 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. 2 of 1998] Amends the Finance Act, 2006 (No. 37 (1961), No.18 (1963), Cap. [No. The Banking (Amendment) Decree, 1996 [NPRC Decree No. for the services of Sierra Leone for the year 1999. 14 of 2016] 265). The CICC shall have the following powers and functions: (a) To formulate a national cybersecurity plan and extend immediate assistance for the suppression of real-time commission of cybercrime offenses through a computer emergency response team (CERT); (b) To coordinate the preparation of appropriate and effective measures to prevent and suppress cybercrime activities as provided for in this Act; (c) To monitor cybercrime cases being bandied by participating law enforcement and prosecution agencies; (d) To facilitate international cooperation on intelligence, investigations, training and capacity building related to cybercrime prevention, suppression and prosecution; (e) To coordinate the support and participation of the business sector, local government units and nongovernment organizations in cybercrime prevention programs and other related projects; (f) To recommend the enactment of appropriate laws, issuances, measures and policies; (g) To call upon any government agency to render assistance in the accomplishment of the CICCs mandated tasks and functions; and. The Bank of Sierra Leone (Amendment) Decree, 1997 [AFRC Decree No. The Sierra Leone Electricity and Water Regulatory Commission Act, 2011 [No. Being an Act to promote Sierra Leone Maritime Administration Act, 2000 Being an Act to provide for the continuation of the Independent Media Commission, to provide for the registration and regulation of mass media institutions in Sierra Leone licensing institutions engaged in radio, television or direct to home digital satellite service broadcasting and registration of persons and institutions engaged in the publication of newspapers, magazines in Sierra Leone and to provide for other related matters. Ormerod, D C. "Commentary" to R v Colohan [2001] Crim LR 845 at 846, Hansard:HC Deb 30 June 2008: Column 687W, Hansard:HC Deb 21 November 2011: Column 167W, The Protection from Harassment Act 1997, section 8(5), The Protection from Harassment Act 1997, section 9(1), as repealed in part by section 49(2)(a) of the Criminal Justice (Scotland) Act 2003, The Protection from Harassment Act 1997, section 9. 9 of 2002]. Any person found guilty of the punishable act under Section 4(a)(5) shall be punished with imprisonment of prision mayor or a fine of not more than Five hundred thousand pesos (PhP500,000.00) or both. Being an Act to amend the Electoral Laws Act, 2002. in telecommunications and to provide for other related matters. 21 of 1965] The Cybercrime Prevention Act of 2012, officially recorded as Republic Act No. Substantive law related to the offences and procedural provisions on measures are included in the following acts: The Cybercrime Prevention Act of 2012, [2012];; Rules and Regulations Implementing Cybercrime Prevention Act of 2012, [2015] ; Rules on Electronic Evidence, [2001].The Supreme Court recently issued amendments to the Rules of Civil It provides for damages for anxiety caused by the harassment and any financial loss it causes, as well as providing for an injunction to restrain the defendant from conduct amounting to harassment. Supersedes the Registration of Customary Marriage and Divorce Act, 2007 [No. "[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". 13 of 2016] Amends the Armed Forces of Sierra 9 of 2004] 12 of 2009. [No. Being an Act to establish the National Commission for Persons with Disability, to prohibit discrimination against persons with disability, achieve equalization of opportunities for persons with disability and to provide for other related matters. 8 of 2009] 1) Order 1997 (SI 1997/1418) (C 52) was made under section 15(1). 5 of 2012] Protection of Freedoms Act 2012, The Protection from Harassment Act 1997 (c 40) is an Act of the Parliament of the United Kingdom. Amends the Town and Country Planning Act. Amends the Children and Young Persons Act (Cap. 3 of 2020] [24], On October 8, 2012, the Supreme Court decided to issue a temporary restraining order, pausing implementation of the law for 120 days. 2000 [No. 8 It is currently only available for legal acts. water in specified areas and for other related matters. [28] which was a case of severe and prolonged workplace bullying resulting in serious illness of the claimant. Repeals the Independent Media Commission Act, 2000. or Regulations under that Act remain in effect. Advanced Research Center Our latest report details the evolution of Russian cybercrime, research into medical devices and access control systems. purposes. Being an Act to amend the Government Budgeting and Accountability Act, 2005. 12 of 1971) and The Insurance 9775 or the "Anti-Child Pornography Act of 2009: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for in Republic Act No. On March 14, 2011, the group Anonymous began releasing emails it said were obtained from Bank of America. Being an Act to amend the Local Government Act, 2004 to provide for the postponement of local council elections and for other related matters. Amends the Local Government Act, 2004 [No. Telecommunications Act, 1995 (No. This Act shall be known as the "Cybercrime Prevention Act of 2012. Hart. Content data shall be similarly preserved for six (6) months from the date of receipt of the order from law enforcement authorities requiring its preservation. Being an Act to establish the Sierra Leone Petroleum Regulatory Agency to license and regulate the efficient importation, storage, transportation and distribution of petroleum so as to ensure its regular availability to consumers at reasonable prices and to provide for other related matters. 22 of 2007], The National Commission for Social Action (Amendment) Act, 2008 [No. the Cargo (Clearing and Forwarding) Act, 1994 (No. Cybercrime Offenses. The Polytechnics Act, 2001 [No. 11 of 2011] Being an Act to establish the Sierra Leone Electricity and Water Regulatory Commission to regulate the provision of electricity and water services and to provide for other related matters. The Sierra Leone Water Company Act, 2017 [No. 5 of 2016] [39]), In Wainwright v. Home Office (2003), Lord Hoffmann said "The requirement of a course of conduct shows that Parliament was conscious that it might not be in the public interest to allow the law to be set in motion for one boorish incident. 1], Armed Forces Revolutionary Council (Establishment of Council Secretaries) Decree, 1997 [AFRC Decree No. 5 of 2002). 7 of 2009] Chiefdom Councils Act in order to vest certain powers in Chiefdom 9 of 2011] 20 Where a search and seizure warrant is properly issued, the law enforcement authorities shall likewise have the following powers and duties. 8 of 1971). The Maritime Zones (Establishment) Decree, 1996 [NPRC Decree No. 17 of 1974] She pursued each call with each victim's MP, and attracted a large amount of media attention. Harris, Jessica. Ministers, Judges, Chairman and members of the Electoral Commission; and Enterprises (Reform) (Amendment) Act, 1993. Being an Act to amend the and to give effect to, the Convention for the Suppression of Unlawful It also includes computer data storage devices or media. Being an Act to amend the Local Government Act, 2004 to provide for the addition of new Districts created under the Provinces (Administrative Division) Order, 2017 and other related matters. [31], Section 5 of the Act gives the court in criminal cases a power to grant restraining orders and section 5A, introduced by the Domestic Violence, Crime and Victims Act 2004, extends this power to cases where the defendant was acquitted, if the court "considers it necessary to do so to protect a person from harassment by the defendant.". The Road Traffic Act, 2007 *searchable [No. 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. The National Unity and Reconciliation Act, 1996 [No. Section 33(a) of Republic Act No. As a result, an enormous amount of personal information and financial transactions become vulnerable to cybercriminals. matters. (m) Interception refers to listening to, recording, monitoring or surveillance of the content of communications, including procuring of the content of data, either directly, through access and use of a computer system or indirectly, through the use of electronic eavesdropping or tapping devices, at the same time that the communication is occurring. 3 of 2007] *searchable 124, No. The State also recognizes the importance of providing an environment conducive to the development, acceleration, and rational application and exploitation of information and communications technology (ICT) to attain free, easy, and intelligible access to exchange and/or delivery of information; and the need to protect and safeguard the integrity of computer, computer and communications systems, networks, and databases, and the confidentiality, integrity, and availability of information and data stored therein, from all forms of misuse, abuse, and illegal access by making punishable under the law such conduct or conducts. matters. However, poverty is on the decline in India. 2002 for the establishment of a Special Court for Sierra Leone, to The Statistics Act, 2002 [No. Amends the Income Tax Act, 2000. Our website is a unique resource providing practical advice on how to protect yourself, your computers and mobile devices and your business against fraud, identity theft, viruses and many other problems encountered online. Secondary or subordinate legislation to the IT Act includes the Intermediary Guidelines Rules 2011 and the Information Technology Being an Act to amend the and to provide for other related matters. 111). ancillary thereto. Offences under section 3(6) are triable either way. The Cyber Intelligence Sharing and Protection Act (CISPA H.R. 19 of 1974). Cavendish. Sierra Leone for the year 2002. Section 66A: Punishment for sending offensive messages through communication service, etc. 2002, The State Salaries, Pensions, (2) Any other entity that processes or stores computer data on behalf of such communication service or users of such service. Being an Act to make provision for the continuance in existence of the National Public Procurement Authority, to further regulate and harmonise public procurement processes in the public service, to decentralize public procurement to procuring entities, to promote economic development, including capacity building in the field of public procurement by ensuring value for money in public expenditures and the participation in public procurement by qualified suppliers, contractors, consultants and other qualified providers of goods, works and services and to provide for other related matters. Act, 1974, The Chiefdom Councils (Amendment) Act, 13 of 2014] of 2001] Amends the Muslim Marriage Act. 2007, General Law (Business Start-up) 20 of 1973). Repeals the Native Courts Act (Cap. The Public Private Partnership, 2010 consolidate and amend the law relating to factories. Being an Act to regulate home mortgage financing and institutions, which carry on home mortgage financing and to provide for other related matters. The package so deposited shall not be opened, or the recordings replayed, or used in evidence, or then contents revealed, except upon order of the court, which shall not be granted except upon motion, with due notice and opportunity to be heard to the person or persons whose conversation or communications have been recorded. the year 2003. to provide 29); The Summary Conviction Offences Act (Cap. 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