Cybercrime Act, 2020
The 2020 Act that criminalises computer-related offences in Sierra Leone, protects Critical National Information Infrastructure, and sets rules for electronic evidence and international cooperation on cybercrime.
Summary
The Cybercrime Act, 2020 was published in the Sierra Leone Gazette (Vol. CXLI, No. 27) on 11 May 2020. It is a comprehensive statute enacted to prevent the abusive use of computer systems, to provide for the timely and effective collection of electronic evidence for the investigation and prosecution of cybercrime, to protect Critical National Information Infrastructure, and to facilitate international cooperation in dealing with cybercrime.
The Act creates a modern framework for the digital age. It designates and protects systems treated as Critical National Information Infrastructure, gives law-enforcement specific powers to search, seize, preserve and intercept computer data under judicial supervision, and establishes a broad catalogue of offences ranging from unauthorised access and data interference to computer fraud, identity theft and online child sexual abuse.
It also builds the institutions and procedures to make enforcement work: a National Cybersecurity Advisory Council, a National Cybersecurity Fund, duties on service providers, corporate liability for offences, and mechanisms for mutual legal assistance and extradition in cybercrime matters. The Minister may make regulations to give effect to the Act.
Main provisions
- Part I — Preliminary: short title, commencement and detailed definitions of terms such as computer, computer system, data, service provider and traffic data (section 1).
- Part II — Critical National Information Infrastructure: designation and protection of systems vital to the nation, and aggravated penalties for offences against them (sections 2–3).
- Part III — Investigation Powers and Procedures: search and seizure of stored computer data, preservation and production orders, real-time collection of traffic data, and interception of content data, all under judicial oversight (sections 4–12).
- Part IV — International Cooperation: mutual legal assistance, extradition, spontaneous information-sharing and expedited preservation requests across borders (sections 13–24).
- Part V — Offences: unauthorised access, interception and data/system interference, misuse of devices, computer-related forgery and fraud, identity theft, cyber stalking and bullying, cyber-squatting, online child sexual abuse material, racist and xenophobic material, and service-provider and corporate liability (sections 25–46).
- Part VI — Administration and Enforcement: establishment of the National Cybersecurity Advisory Council and the National Cybersecurity Fund (sections 47–50).
- Part VII — Miscellaneous: power of the Minister to make regulations and related matters (section 51).