President Dr Mohamed Muizzu on Tuesday, ratified the recent amendments to three different laws aimed at curbing cyber crimes in the archipelago.
On 9 December, the Parliament passed amendments to the Criminal Procedure Act, Mutual Legal Assistance in Criminal Matters Act and the Penal Code, all targeted to help authorities to contain the recent surge in cyber crimes across the country.
The amendment to the Penal Code seeks to formally recognise cybercrime within the legal framework and to categorise the following activities as offenses of a cyber nature:
1. Unauthorised access to computer systems
2. Accessing unauthorised computer systems with the intention of committing a crime
3. Intercepting unauthorised data on computer systems
4. Interfering with unauthorised computer systems
5. Misuse of computer systems or similar devices
6. Acts of cyber violence
7. Computer-related forgeries
8. Acts of fraud and misrepresentation related to computer systems
9. Infringement on copyright and associated rights
The amendment to the Criminal Procedure Act seeks to enhance the existing bail system outlined in the current Act by instituting new guidelines and procedures while also amending the established protocols governing bail during investigation or trial periods. Notably, it delineates specific circumstances under which individuals can request bail following a conviction, along with a clear framework for appealing such decisions.
In addition, the amendment introduces a comprehensive mechanism aimed at addressing cyber crimes perpetrated through new technologies and computer systems. This legislation grants law enforcement agencies the authority to intercept personal information in such cases and to access retained subscriber and communication data via a court order. Additionally, the bill facilitates real-time data requests through a system to be established jointly by financial authorities and law enforcement entities.
Further, the amendment empowers law enforcement and financial authorities to freeze assets and halt financial transactions of suspects involved in scams, thereby preventing the misuse of funds when such incidents are reported. This measure is designed to bolster public safety and protect individuals' financial resources.
The amendment to the Mutual Legal Assistance in Criminal Matters Act aims to enhance and refine the existing legal framework governing mutual legal assistance among countries in matters related to cybercrime and offenses utilizing computer systems and emerging technologies.
The amendment sets forth new procedures aimed at improving the discovery of electronic evidence, the preservation and access of information stored in computing systems, and the real-time retrieval of traffic data. Additionally, it outlines methods for inspecting content data while seeking assistance from international partners.
Furthermore, the amendment establishes a dedicated 24/7 network designed to facilitate the exchange of information regarding crimes associated with computer data. This initiative aims to streamline the process of obtaining electronic evidence through mutual assistance and delineates the specific areas in which such assistance will be sought.
Following the ratifications, the amendments have been published in the Government Gazette and will come into effect accordingly.