- Is commenced by Licences (Amendment) Act, 2021
- Is commenced by Cybercrimes and Other Related Crimes Act, 2021 (Commencement) Notice, 2022
Cybercrimes and other Related Crimes Act, 2021
Act 59 of 2021
- Published in Supplement to Official Gazette on 20 December 2021
- Assented to on 15 December 2021
- Commenced on 1 February 2022 by Licences (Amendment) Act, 2021
- [This is the version of this document from 20 December 2021.]
Part I – Preliminary
1. Short title and commencementThis Act may be cited as the Cybercrimes and other Related Crimes Act, 2021 and shall come into operation on such date as the Minister may, by Notice in the Gazette, appoint.
2. InterpretationIn this Act, unless the context otherwise requires—“access” in relation to a computer system means to instruct, communicate with, store data in, retrieve data from or otherwise make use of any of the resources of a computer system;“computer data” means any representation of facts, information or concepts in a form suitable for processing in a computer system, including a program suitable to cause a computer system to perform a function;“computer system” means any computer data processing device or a group of such interconnected or related devices one or more of which pursuant to a program performs automatic processing of computer data performing logical arithmetic or storage functions and—(a)includes any computer data storage facility or communications facility directly related to or operating in conjunction with such device or group of such interconnected or related devices, whether available in a single or distributed or decentralised form;(b)any reference in this Act to any program or computer data held in a computer system includes a reference to any program or computer data held in any removable storage medium which is for the time being in the computer system; and a computer system is to be regarded as containing any program or computer data held in any such medium;“Convention” means the Budapest Convention on Cybercrime adopted by the Committee of Ministers of the Council of Europe and entered into force on 1st July 2004;“electronic service provider” means any public or private entity that provides to users of its service the ability to communicate by means of a computer system, and any other entity that processes or stores computer data on behalf of such communication service or users of such service;“investigatory authority” means the Police Force of Seychelles or any other body empowered to investigate any offence;“function” includes logic, control, arithmetic, deletion, storage and retrieval and communication or telecommunication to, from or within a computer system;“message” means a verbal, written, recorded, drawn or picture communication sent to or left for a recipient;“Minister” means the Minister responsible for internal Affairs;“seize” includes—(a)make and retain a copy of computer data, including by using on-site equipment; and(b)render inaccessible, or remove, computer data in the accessed computer system; and(c)take a printout of output of computer data;“traffic data” means any computer data relating to a communication by means of a computer system, generated by a computer system that formed a part in the chain of communication, indicating the communication's origin, destination, route, time, date, size, duration, or type of underlying service.
3. Application of the ActThis Act applies to an act—
Part II – Offences
4. Unauthorised access to computer system
5. Access with criminal intent
6. Unauthorised interception
7. Unauthorised interference with computer data
8. Unauthorised interference of computer system operation
9. Unlawful possession of illegal devicesA person who—
10. Electronic fraudA person who intentionally and without right causes loss of property to another person by—
11. Computer system related forgeryA person who causes loss of property to another person by any input, alteration, deletion or suppression of computer data resulting in inauthentic computer data with the intent to be considered or acted upon for legal purposes as if it were authentic, regardless whether or not the computer data is directly readable and intelligible, commits an offence and shall, on conviction, be liable to a fine of level 5 on the standard scale or to imprisonment for a term not exceeding 20 years or to both.
12. Unauthorised disclosure of access credentialsA person who, without lawful excuse or justification, discloses, sells, procures for use, distributes or otherwise makes available, any password, access code or other means of gaining access to a computer system or computer data—
13. Cyber extortionA person who performs or threatens to perform any of the acts described under this Part, for the purposes of obtaining any unlawful advantage, by—
14. Cyber harassmentA person who uses a computer system or who knowingly permits a device to be used for any of the following purposes—
15. Cyber stalkingA person who willfully, maliciously or repeatedly uses electronic communication to harass another person, or makes a threat with the intent to place that person in reasonable fear for his or her safety or for the safety of his or her immediate family, commits an offence and shall, on conviction, be liable to a fine of level 4 on the standard scale or to imprisonment for a term not exceeding 5 years, or to both.
16. Offensive electronic communicationsA person who wilfully, maliciously or repeatedly uses electronic communication of an offensive nature to disturb or attempt to disturb the peace, quiet or privacy of any person with no purpose to legitimate communication, whether or not a conversation ensues, commits an offence and shall, on conviction, be liable to a fine of level 4 on the standard scale or to imprisonment for a term not exceeding 5 years, or to both.
17. Pornographic or obscene material
18. Pornographic publicationA person who, by means of a computer system, discloses or publishes a private sexual photograph or film without the consent of the person who appears in the photograph or film commits an offence and shall, on conviction, be liable to a fine of level 4 on the standard scale or to imprisonment for a term not exceeding 5 years, or to both.
19. Unlawful disclosure by electronic service providerAn electronic service provider who, without lawful authority, discloses—
Part III – Investigations and procedures
20. Preservation Order
21. Disclosure of preserved computer data
22. Production Order
23. Powers of access, search and seizure for purposes of investigation
24. Real time collection of traffic dataWhere the investigatory authority has reasonable grounds to believe that any computer data would be relevant for the purposes of an investigation or the prosecution of an offence, it may apply to the court for an order—
25. Deletion Order
26. Limited use of disclosed computer data and informationNo information on computer data under sections 21 to 24 shall be used for any purpose other than that for which the computer data was originally sought, except—
Part IV – Miscellaneous
27. Punishment for non compliance of an order section 20, 21, 22 or 25 or contravention of section 26A person who—
29. ExtraditionAny offence under this Act may, with the consent of the Attorney General, be an extraditable crime for which extradition may be granted or obtained under the Extradition Act (Cap 78).
30. ForfeitureA court before which a person is convicted of an offence may, in addition to any other penalty imposed, order the forfeiture of any apparatus, article or thing which is the subject matter of the offence or is used in connection with the commission of the offence.
31. Spontaneous information
32. Expedited preservation of stored computer data
33. Expeditious disclosure of preserved traffic data
34. Mutual assistance regarding accessing of stored computer data
35. Trans-border access to stored computer data with consent or where publicly availableAn investigatory authority may, without the authorisation of another authority—
36. Mutual assistance in the real-time collection of traffic data
37. Mutual assistance regarding the interception of content computer dataThe investigatory authority shall provide mutual assistance to each other in the real-time collection or recording of content computer data of specified communications transmitted by means of a computer system to the extent permitted under their applicable treaties and the laws of Seychelles.
39. Obligation to monitor transmitted or stored computer data
40. Criminal liability for providing access and transmitting information
41. Criminal liability for storing at the request of user
42. Application of certain provisions of the Penal CodeSections 25, 30 and 30A of the Penal Code shall, unless the court determines otherwise, apply to a person convicted of an offence under this Act.
43. RegulationsThe Minister may make regulations for carrying into effect the purposes and provisions of this Act.
44. Repeal of Cap 254The Computer Misuse Act Cap 254 is hereby repealed.
45. Savings provisionsNotwithstanding the repeal under section 43—
History of this document
01 February 2022
Commenced by Licences (Amendment) Act, 2021
20 December 2021 this version
15 December 2021