The two most important issues surrounding cyberlaw are its potential to affect an individual`s right to privacy, and the difficulty in enforcing such laws, says lawyer Lisa Thornton, director of Lisa Thornton Inc.
Delivering the keynote address at the South African Non-Governmental Organisation Network forum on cyberlaw and Internet rights, Thornton said that privacy is a key issue when looking at cyberlaw.
"While some of the recent acts have provisions built in that protect privacy - such as the Promotion of Access to Information Act - there are others presently under discussion which should be carefully scrutinised.
"Currently under discussion is the Anti-Terrorism Bill, which could easily affect an individual`s right to privacy, so we need to be careful that we balance what constitutes protection from crime and terrorism with what constitutes privacy."
She says people must not be tempted to give up their right to privacy in order to achieve a higher level of security.
In terms of cyberlaw, Thornton says the legislation is really no different to normal legislation and they both operate in the same way, except the borderless nature of the Internet makes it extremely difficult to enforce the law in cyberspace.
"Many of the issues that are considered illegal in SA, such as hate speech and child pornography, are freely available on the Internet, but originate in other countries, making it virtually impossible to prosecute the offenders.
"It is this inability to effect legal action against the majority of offenders that really differentiates cyberlaw from standard legal practice.
"Civil society has a responsibility towards the ICT sector, in that it needs to work with the government in order to achieve the ideal balance in terms of protecting privacy while developing a better way to enforce cyberlaw."
Share