THE Cyber Crimes and Cyber Security Bill, currently at the
Attorney-General’s Office for drafting, will criminalise the leaking or
publishing of nude pictures of former lovers on social media or online, among
other minor changes to the proposed law after public consultations.
The Bill is being steered by the Information Communication
Technology, Postal and Courier Services ministry to combat cybercrime such as
electronic money laundering, terrorism, hacking, child pornography and identity
theft.
It was originally called Computer and Cyber Crimes Bill. The
ministry’s legal adviser, Loveness Ngwangwa, confirmed the changes at a public
meeting in the capital organised by the Media Institute of Southern Africa
Zimbabwe Chapter.
“From the consultations that were held in Harare and
Bulawayo on the draft Bill, there were calls for a clause to deal with revenge
pornography and the ministry has listened and incorporated that,” she said.
Revenge porn refers to the act of a partner or ex-partner
purposefully distributing images or videos of a sexual nature without the other
person’s consent.
This has become common in Zimbabwe, particularly on social
media where someone has been jilted.
Zimbabwe has been awash with cases of revenge porn.
Popular socialite and Zimbabwe’s former Big Brother
housemate, Pokello Nare was a victim of sleazy sex tape leak with musician
Desmond Chideme, popularly known as Stunner.
Former TV personality, Tinopona Katsande was also a
“victim” of infamous sex tapes and since then has been fronting campaigns to
influence criminalisation of non-consensual distribution of sexually explicit
material.
Another victim of revenge porn was former Miss Zimbabwe
Emily Kachote, who was dethroned after her nude pictures were reportedly
leaked.
The other two notable changes to the Bill involve the
removal of clauses on general pornography, the criminalisation of child
pornography and the removal of the assistance clause.
“General pornography is no longer in the Bill, but that
does not mean it is legal,” Ngwangwa said.
“We have now concentrated on child pornography. The
assistance clause is now no longer there, but remember we are only talking
about a draft and changes can still be made.”
The assistance clause caused a lot of anger among media
activists and the general public, as they felt people would have been compelled
to assist law enforcement agents to unlock their spouses’, friends’ or
relatives’ electronic gadget.
Failure to assist was criminalised.
Misa-Zimbabwe director, Nhlanhla Ngwenya said: “Some bad
provisions have gone, but we are still to do a full stocktake of the new Bill,
which has been rechristened.”
The Bill was sent to the AG’s Office in June and drafting
is expected to be completed by September before being gazetted for debate in
Parliament. Newsday
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