1. THE CYBERCRIMES AND CYBERSECURITY BILL
Presentation to Portfolio Committee on Justice & Correctional Services
MMA
14 September 2017

2. Overview of Presentation
A bit about who we are
General concerns on the CCB
Specific concerns
Conclusion

3. About Media Monitoring Africa
MMA is a registered non benefit trust operating since 1993;
MMA’s vision is a just and fair society empowered by a free, responsible and quality media;
Through a human rights-based approach, MMA aims to promote the development of:
Media that is transparent, diverse, ethical and accountable to its audiences;
Critical and constructive communications by the powerful, and;
Informed, engaged and connected citizenry.
Funded by range of local & international donors – audits – high levels of accountability.

4. About MMA
MMA has presented to Parliament on a range of issues, including:
Transformation in Advertising
POSIB Bill
Broadcasting Amendment Bill
Film & Publications Amendment Bill.
SABC Ad-Hoc inquiry into SABC Board
Copyright Amendment Bill
This submission supported by:
Media 24 & Kagiso Media

5. General comments On a road to… nowhere, everywhere, somewhere?
Absence of overarching internet governance policy.
Where is the Socio Economic Impact Assessment?
How will the bodies work together?

6. Overall Comments
Urgent need for clarity around online & digital regulation
No SEIA detail revealed, so cant tell where CCB fits in
How will these bodies work together?
Plethora of Acts/Bills: we have CCB and then;
Prevention and Combating of Hate Crimes and Hate Speech Bill [2016] (Hate Crimes and Hate Speech Bill)
Films and Publications Amendment Bill [B ] (FPB)
Copyright Amendment Bill [B ] (CAB),
Protection of Personal Information Act 4 of 2014 (POPI),
National E-Strategy in terms of the Electronic Communication and Transactions Act 25 of 2002 (ECTA)
National Development Plan (Chapter 4)

7. Interdepartmental Steering Committee (ISC)
Some significant improvements – and need for a law on CCB but
Regulating online is hard. Global challenge
Digital rights still evolving
Also rights cut across many other areas
Complex governance structures make it harder to deal with and address violations and to protect rights
Cannot be left to one department - constitutionally obligated to coordinate action

8. Interdepartmental Steering Committee (ISC)
Recommend creation of ISC to build on Cyber Response Team
ISC to be multi stakeholder including experts, civil society,
Offer support to decision makers
Ensure up to date and in keeping with cross cutting nature of online regulation

9. Socio-Econ Impact Assessment
Essential that this is made public
Especially as CCB deals with broader issues
Stakeholders can add value and ensure greater likelihood of success
If not done must be done urgently and CCB halted

10. Concerns: Best Interest of Children
Best interests of children not considered
Ignores Constitutional Provision
Technology impacts children differently - need digital literacy and also special treatment
Need clarity on cyber crimes for and against children
Absence of children is a critical flaw

11. Concerns: Malicious Content & FOE
Absence of rights discourse - lagging behind other African nations
Create new crime of distribution of harmful message
Methods of dealing with “fake news” should be reviewed by ISC
Sections 16, 17 and 18 - unintended consequences and chilling
Must be narrowly defined and amended

12. Concerns: Cyber Response Committee
Deeply problematic
No motivation for why oversite by State Security
Must be Minister of Justice
NO independent members of committee
Open to abuse and secrecy contrary to all progressive approaches and our own constitution
It is too large & cannot respond to urgent issues
Need an ISC with 16 members

13. Concerns: Critical Information Structure
Definition is overly broad and open to abuse
Could include almost anything related to a computer or information
Communications technology, including all buildings containing any form of network.
Minister of SSA can declare CII
Need comprehensive definition and over site

14. Concerns: Public Interest Consideration
Recommended it's inclusion in earlier submission
It's omission is profoundly disturbing
Essential Public interest Defence is included

15. Conclusion Thank you for opportunity
MMA appreciates the ongoing work of the Department of Justice and Constitutional Development on CCB.
Acknowledge the complexities with regulating cybercrime.
However, in current form and in the absence of remedying the sections detailed it does not provide an adequate, holistic, and constitutionally compliant response to cybercrimes and cybersecurity in South Africa.

16. William Bird (MMA, Director)
Thank You
William Bird (MMA, Director)
And thanks also from:
News24 & Kagiso Media