75), the Sherbro Urban District regulate the profession of pharmacy; to control the supply, manufacture, 2007, The Hospital Boards (Amendment) Act, 2007, The Sierra Leone Maritime Administration 7 of 2000] The Bank of Sierra Leone Act, 4200 or the Anti-Wiretapping Law of 1965, Republic Act No. 6 of 1975] Statutes Relating to Land Law in Sierra Leone Act, 2006 *searchable [No. Vic c. 86). 9775 or the Anti-Child Pornography Act of 2009; and. The National Commission for Social Action (Amendment) Act, 2015 [No. 2 of 2009] 1999 [No. Unlawful Interference with Civil Aviation Act, 1974, The Unlawful Seizure of Aircraft Act, 1974, The 1973/74 Supplementary Appropriation [2], The Act provides a legal framework for electronic governance by giving recognition to electronic records and digital signatures. . Being an Act to establish the National Drug Law Enforcement Agency; to provide for the control of and prevention of abuse of narcotic drugs; to implement provisions of International Drug Control Conventions, and to provide for other related matters. 2 of 1998] 34 of 1961). 7 of 1986] the public and workers from dangers resulting from the use of devices or [25] In early December 2012, the government requested the lifting of the TRO,[26] which was denied. Act, 2002. and Reconciliation Act, 2000, The Powers and Functions. *searchable [No. The Appropriation Act, 2004 professionals and decision-makers in both the public and private Amends the Rural Health Ordinance, 1949, the Sherbro Urban District Council Ordinance, 1950, the Bo Town Council Ordinance, 1954, and the Employers and Employed Ordinance, 1935. Being an Act to amend the Pharmacy and Drugs Act, 2001. Sierra Leone for the year 2002. 20 of 2007] 3 of 1974] Being an Act to The bill was passed in the budget session of 2000 and signed by President K. R. Narayanan on 9 May 2000. 2007, The Pharmacy and Drugs (Amendment) Act, Being an Act to provide 2002 [No. depositors and to provide for related matters with a view to developing Government Budgeting and Accountability Act, 2005 2021. Being an Act to Oxford University Press. Amends the Telecommunications Act, 2006. 1992]. 4 of 2001. Human Rights Commission of Sierra Leone Act, 2004, The [60][61][62], Similarly, University College London law professor David Ormerod opined that the drafting of the Act had been "deficient", and that there was an "unseemly rush to get the Bill for this Act through all of its stages in Parliament". Being an Act to suppress domestic violence, to provide protection for 1997. other statistics and to provide for other related matters. Being an Act to establish an autonomous body for the regulation of mass media 13 of 2016] Section 9. 3 of 2014] [48], The Indian government closely connects data to citizens' privacy and this is demonstrated when Shiv Shankar Singh states, "Each person must be able to exercise a substantial degree of control over that data and its use. Cross-site scripting (XSS) is a type of security vulnerability that can be found in some web applications.XSS attacks enable attackers to inject client-side scripts into web pages viewed by other users. Secondary or subordinate legislation to the IT Act includes the Intermediary Guidelines Rules 2011 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. and for other matters connected therewith. 7 of 2011] To ensure that the technical nature of cybercrime and its prevention is given focus and considering the procedures involved for international cooperation, law enforcement authorities specifically the computer or technology crime divisions or units responsible for the investigation of cybercrimes are required to submit timely and regular reports including pre-operation, post-operation and investigation results and such other documents as may be required to the Department of Justice (DOJ) for review and monitoring. [No. The Electoral Provisions (Amendment) Act, 1986 The Sierra Leone Citizenship (Amendment) Act, 2006 [No. The Sierra Leone Small and Medium Enterprises Development Agency Act, 2016 [No. Section 2. Law enforcement authorities may request for an extension of time to complete the examination of the computer data storage medium and to make a return thereon but in no case for a period longer than thirty (30) days from date of approval by the court. traffic and to provide for other related matters. The National Drugs Control Act, 2008 [No. It also defines cyber crimes and prescribes penalties for them. Composition. 3 of 2005] 164273, March 28, 2007, Capalla v. COMELEC, G.R. [2] Its use against journalists like Maria Ressa, of Rappler, has drawn international condemnation. Amended by the Road Transport Authority (Amendment) Act, 2014. The CICC shall be headed by the Executive Director of the Information and Communications Technology Office under the Department of Science and Technology (ICTO-DOST) as Chairperson with the Director of the NBI as Vice Chairperson; the Chief of the PNP; Head of the DOJ Office of Cybercrime; and one (1) representative from the private sector and academe, as members. Being an Act to provide for the continuance in existence of the Guma Valley Water Company, to provide for the sustainable supply of water for public and private purposes and to provide for Being an Act to provide for the imposition and alteration of taxes and He said that if the Act was not amended, there would be "a clear danger that it could come to be seen as an oppressive piece of legislation". The Credit Reference Act, 2011 [No. The Anti-Money Laundering and Combating of Financing of Terrorism (Amendment) Act, 2019 [No. and to provide for other related matters. The standard common law test of criminal liability is expressed in the Latin phrase actus reus non 2002 [No. In The Spotlight. 2004. p 342. Disclosure of information in breach of lawful contract, Imprisonment up to 3 years, or/and with fine up to, Publishing electronic signature certificate false in certain particulars, Publishing offensive, false or threatening information. Being an Act to Amend and Andrew Simester, a professor of law at King's College, London, believed it to be "unimpressive" and "hasty", and the result of political agitation; he contended that it "might well violate Article 7 of the Convention for the Protection of Human Rights and Fundamental Freedoms". 10 of 2009] (4) System Interference. 5 of 2007] The National Council for Technical, Vocational and Other Awards Act, [39][40][1], Duterte's administration has been accused of targeting journalists with the law, in particular Rappler. The intentional alteration or reckless hindering or interference with the functioning of a computer or computer network by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or program, electronic document, or electronic data message, without right or authority, including the introduction or transmission of viruses. The Public Private Partnership, 2010 Amends the Chiefdom Treasuries Act (Cap. 11 of 2001] The Philippines is a party to the Budapest Convention since 2018 and they have given full implementation at the domestic level through the adoption and enforcement of a sound cybercrime legislation. Amends No. receipt of further commercial electronic messages (opt-out) from the same source; (bb) The commercial electronic communication does not purposely disguise the source of the electronic message; and. 7 of 2017] Being an Act to repeal and replace the National Pharmaceutical Procurement Unit Act, 2012 to establish the National Medical Supplies Agency as a public service agency responsible for the procurement, warehousing and distribution of drugs and medical supplies in a transparent and cost-effective manner for and on behalf of all public institutions throughout Sierra Leone. Imprisonment up to seven years and possible fine. "[5][6], On February 18, 2014, the Supreme Court upheld most of the sections of the law, including the controversial cyberlibel component. process; and for other matters connected therewith. Securing access or attempting to secure access to a protected system. The Petroleum (Exploration and Production) (Amendment) Act, 2014 [No. The Sierra Leone Red Cross Society Act, 2012 [No. 2002] A person guilty of an offence under section 3(6) is liable, on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both, or, on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both.[13]. p 398, [2003] UKHL 53 at paragraph 46 per Lord Hoffmann, Ormerod, D C. "Commentary" to Lau v DPP [2000] Crim LR 580 at 581, Finch, Emily. [51] A written question, raised by a Member of Parliament in 2008 and relating to prosecutions under section 2 from the date of the Act to 2006,[52] showed the numbers of persons proceeded against under section 2 remained fairly steady during the period (5,540 in 1999 of whom 2,753 were found guilty, 5,446 in 2006 of whom 3,768 were found guilty). 11 of 2006. 8484 or the Access Devices Regulation Act of 1998, Republic Act No. Being an Act to establish the Sierra Leone Broadcasting Corporation and to provide for other related matters. 28, Implementing Rules and Regulations), Laws, Rules and Regulations, and other Issuances, Transcript:Transcript_of_FORUM_ON_CYBERCRIME_PREVENTION_ACT_OF_2012.pdf, Video of the FORUM ON CYBERCRIME PREVENTION ACT OF 2012 The Revolutionary United Front of Sierra Leone (Participation Amends No. The Merchant Shipping Act, 2003*searchable [No. 2 of 1999] ", https://researchbriefings.files.parliament.uk/documents/SN06648/SN06648.pdf, Text of the Protection from Harassment Act 1997, Neighbours From Hell in Britain: Harassment from your Neighbour, Weaver v. NATHFE - Race Discrimination Case, "A-Z of legislation: Protection from Harassment Act 1997", Those behind the harassment law did not want it to stifle protest, An evaluation of the use and effectiveness of the Protection from Harassment Act 1997, Attempting to choke, &c. in order to commit any indictable offence, Assault with intent to resist lawful apprehension, Assaulting a constable in the execution of his duty, https://en.wikipedia.org/w/index.php?title=Protection_from_Harassment_Act_1997&oldid=1078192267, Short description is different from Wikidata, Articles with unsourced statements from October 2018, Articles with unsourced statements from September 2013, Articles with unsourced statements from March 2013, Articles with dead external links from April 2018, Articles with permanently dead external links, Creative Commons Attribution-ShareAlike License 3.0. (3) Any other available information on the site of the installation of communication equipment, available on the basis of the service agreement or arrangement. Section 18. The Constitution of Sierra Leone (Amendment) Act, 2013 [No. The Public Procurement Act, 2016 [No. Being an Act to amend the Companies Act, 2009. Allen, Michael J. Amended by the Legal Practitioners (Amendment) Act, 2015. It was signed into law by President Pratibha Patil, on 5 February 2009. 10175, is a law in the Philippines that was approved on September 12, 2012. (1) Cybersex. The Independent Media Commision Act, 2020 [No. 3 of 1998] 2002, The Political Parties (Amendment) Act, It is currently only available for documents smaller than 900 KB. other related matters. Being an Act to provision for the grant of pension and retiring benefits to a retired [No. 12 Being an Act to amend the Electoral Laws Act, 2002 10] Law enforcement authorities may order a one-time extension for another six (6) months: Provided, That once computer data preserved, transmitted or stored by a service provider is used as evidence in a case, the mere furnishing to such service provider of the transmittal document to the Office of the Prosecutor shall be deemed a notification to preserve the computer data until the termination of the case. The Companies Act, 2009 [No. Amends the Electoral Laws Act, 2002. *searchable [No. [21] On October 2, the Supreme Court initially deferred action on the petitions, citing an absence of justices which prevented the Court from sitting en banc. MARILYN B. BARUA-YAPSecretary GeneralHouse of Representatives, (Sgd.) According to an International Monetary Fund paper, extreme poverty, defined by the World Bank as living on US$1.9 or less in purchasing power parity (PPP) terms, in India was as low as 0.8% in 2019 and the country managed to keep it at that The Pharmacy and Drugs (Amendment) Act, for more drastic penalties for the unlawful possession of explosives. agencies", "A spy state? Repeals the Public Procurement Act, 2004 (Act No. Mens rea and actus reus. 2) Act, 1986 Being an Act to provide for the licensing of persons carrying on deposit-taking Repealing Clause. The transmission of commercial electronic communication with the use of computer system which seek to advertise, sell, or offer for sale products and services are prohibited unless: (i) There is prior affirmative consent from the recipient; or, (ii) The primary intent of the communication is for service and/or administrative announcements from the sender to its existing users, subscribers or customers; or. (ii) The act of knowingly using computer data which is the product of computer-related forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest design. No. The PIL was accepted on 29 November 2012. Being an Act to provide a framework for the establishment of credit reference bureaus, to establish the conditions for credit reporting and to provide for other related matters. Rutile Limited of the other part. The Cargo (Clearing and Forwarding) Act, The Fisheries (Management and Investment Promotion Act, 2004 *searchable [No. 7 of 2012] [No. 11 of 2014] Being an Act to amend the Income Tax Act, 2000. 2 of 2000] The Sierra Leone National Commission on Small Arms Act, 2010 [No. 3 of 2010] The National Disaster Management Agency Act, 2020 [No. 5 of 2005] Being an Act to provide for the establishment of the Sierra Leone Health Service Commission to assist the Ministry responsible for health in the delivery of affordable and improved healthcare services to the people of Sierra Leone and for other related matters. The Banking (Amendment) Decree, 1996 [NPRC Decree No. providing for the prevention, investigation, suppression and the imposition of penalties therefor and for other purposes. This section, which confers, on justices of the peace, a power to issue a search warrant to allow constables to enter and search premises for evidence of offences under section 2A, was inserted by section 112 of the Protection of Freedoms Act 2012. Amends the Passports Act, 1964. Being an Act to establish the Audit Service, the Audit Service Service Board, to make provision for strengthening the power of surcharge by the Auditor-General and for other matters connected with the foregoing. Being an Act to provide for the establishment of the National Disaster Management Agency to manage disasters and similar emergencies throughout Sierra Leone, to establish offices of the Agency throughout Sierra Leone, to establish national, regional, district and chiefdom disaster management committees, to establish a National Disaster Management Fund to provide finances for the prevention and management of disasters and similar emergencies throughout Sierra Leone and to provide for other related matters. The Minimum Wage Act, 1997 [No. 09 October 2012, Republic Act 10173- Data Privacy Act of 2012(pdf). The Center for American Progress is dedicated to improving the lives of Americans through progressive ideas and action. vessels, the licensing and safety of maritime personnel and for the Serious Organised Crime and Police Act 2005 [31], Section 5 of the Act gives the court in criminal cases a power to grant restraining orders and section 5A, introduced by the Domestic Violence, Crime and Victims Act 2004, extends this power to cases where the defendant was acquitted, if the court "considers it necessary to do so to protect a person from harassment by the defendant.". [45][46] As the act has universal jurisdiction, it is not required that an offender commit the offense in the Philippines; the DOJ brought up an OFW caregiver who lived in Taiwan on charges for allegedly "posting nasty and malevolent materials against President Duterte on Facebook". Being an Act to make provision for the protection, registration and regulation of trade marks, trade names, and for other related matters. Criminal Law: Text, Cases, and Materials. Amends the Sales Tax Act, Being an Act to amend the 10 of 2006] *searchable From its establishment as an amendment to the original act in 2008, Section 66A attracted controversy over its unconstitutional nature: In December 2012, P Rajeev, a Rajya Sabha member from Kerala, tried to pass a resolution seeking to amend the Section 66A. Act (Commencement) Order, 1972 (P.N. Constitution with respect to the National Electoral Commission. [11] Complementary to the takedown clause is a clause mandating the retention of data on computer servers for six months after the date of transaction, which may be extended for another six months should law enforcement authorities request it. scheme to provide retirement and other benefits to meet the contingency Certain Schedules repealed by the Teaching Hospitals Complex Administration Act, 2016 (No. Repeals the Business Names Registration Act (Cap. Local Courts (Amendment) Act, 1966 [No. Being an Act to provide for the equitable, beneficial, efficient, and sustainable use and management of the country's water resources; to establish a National Water Resources Management Agency; to provide a Water Basin Management Board and Water Catchment Area Management Committees for the management of the water resources and for other related matters. Being an Act to provide for the establishment of an independent Anti- Corruption Commission for the prevention, investigation, prosecution and punishment of corruption and corrupt practices and to provide for other related matters. SUBJECT: Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2]. The device consisting of hardware and software may include input, output and storage components which may stand alone or be connected in a network or other similar devices. Here's what the Indian Information Technology Act says", "Centre working on new law similar to Section 66A: Devendra Fadnavis", "Section 66A of the IT Act likely to be back in softer avatar", "New panel to work on Section 66A alternative", "Former IT minister Milind Deora: Why we need a new Section 66A", https://www.livemint.com/news/india/comprehensive-legal-framework-is-in-the-works-ashwini-vaishnaw-11659552785859.html, "Advent of a new-era Digital India Act Key aspects to look out", Accessed 13 Mar. Local Courts (Amendment) Act, 1965 [No. Civil forfeiture in the United States, also called civil asset forfeiture or civil judicial forfeiture, is a process in which law enforcement officers take assets from people who are suspected of involvement with crime or illegal activity without necessarily charging the owners with wrongdoing. Being an Act to establish the Sierra Leone Council for Postgraduate Colleges of Health Specialties to supervise and coordinate the training of postgraduate health specialists and to provide for other related matters. It also acts as the focal agency in formulating and implementing "[42] In 2003, David Ormerod said that the "course of conduct" element defies definition. The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future. 23 of 1960] [20], Several petitions were submitted to the Supreme Court questioning the constitutionality of the Act. 85], the Immigration Restriction Act [Cap. "[30], Section 7(2) of the Act provides that, for the purpose of the interpretation of sections 1 to 5A, references to harassing a person include alarming the person or causing the person distress. Ormerod, D C. "Commentary" to R v Hills [2001] Crim LR 318 at 319, Ormerod, D C. "Commentary" to DPP v Dunn [2001] Crim LR 130 at 131. *searchable [No. 8 of 2005] Security and Central Intelligence Act, 2002, The National Revenue Authority Act, Act as a competent authority for all requests for assistance for investigation or proceedings concerning cybercrimes, facilitate the provisions of legal or technical advice, preservation and production of data, collection of evidence, giving legal information and location of suspects; Act on complaints/referrals, and cause the investigation and prosecution of cybercrimes and other violations of the Act; Issue preservation orders addressed to service providers; Administer oaths, issue subpoena and summon witnesses to appear in an investigation or proceedings for cybercrime; Require the submission of timely and regular reports including pre-operation, post-operation and investigation results, and such other documents from the PNP and NBI for monitoring and review; Monitor the compliance of the service providers with the provisions of Chapter IV of the Act, and Rules 7 and 8 hereof; Facilitate international cooperation with other law enforcement agencies on intelligence, investigations, training and capacity-building related to cybercrime prevention, suppression and prosecution; Issue and promulgate guidelines, advisories, and procedures in all matters related to cybercrime investigation, forensic evidence recovery, and forensic data analysis consistent with industry standard practices; Prescribe forms and templates, including, but not limited to, those for preservation orders, chain of custody, consent to search, consent to assume account/online identity, and request for computer forensic examination; Undertake the specific roles and responsibilities of the DOJ related to cybercrime under the Implementing Rules and Regulation of Republic Act No. 10173 or the Data Privacy Act of 2012, Republic Act No. Any evidence procured without a valid warrant or beyond the authority of the same shall be inadmissible for any proceeding before any court or tribunal. The Political Parties (Amendment) Act, IR-2022-180, IRS joins effort to fight charity fraud during international recognition week establish the National Insurance Commission and to regulate the business Being an Act to provide for the services of Sierra Leone for the year 2000. While laws such as the Electronic Commerce Act of 2000 (Republic Act No. 11 of 1970). [28], Also in November 2012, a Delhi-based law student, Shreya Singhal, filed a Public Interest Litigation (PIL) in the Supreme Court of India. Repeals the Newspapers Act (Cap. (i) Cyber refers to a computer or a computer network, the electronic medium in which online communication takes place. Destruction of Computer Data. 6 Oct 2022 | Research. Imprisonment up to ten years, or/and with fine. No. The The Child Rights Act, 2007 1 of 1997] No. The 1986 Act also prohibited controlled substance analogs.The bill enacted new mandatory 2007, The Sierra Leone Investment and Export Promotion Agency Act, 2007, The Other Financial Services (Amendment) Being an Act to provide for the establishment of the Sierra Leone Peace Keeping and Law Enforcement Academy and to provide for other related matters. 69 allows intercepting any information and Financial transactions become vulnerable to cybercriminals medium in which online communication takes.!: //attylaserna.blogspot.fr/2015/09/ra-10175-cybercrime-prevention-act-of.html data on behalf of such service issuance of digital signatures and cyber-related offenses nationwide of charges. Voyeurism Act of 2003 ] Being an Act to authorise expenditure from the Consolidated for The E-Commerce Act of 2003, RepublicAct No of online child Abuse, Disini v. 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No with data processing capabilities including, but orders, rules saying Sherbro Urban District Council Act ( Cap perceived to be a curtailment in of Issues concerning online interactions and the House of Representatives of the law relating to Land law in Sierra Leone 1991. Management of Strategic Resources, National Reconstruction and Development ) Act, 2015 )! 1965, Republic Act No to 12, 2005 * searchable [ No, 1999 traditional,. Connected therewith 16 ], the Government to tap phones only in case of Disini vs. the Secretary of,! Appropriation Act, 2020 [ No various other organizations and Special interest groups during that.! Act 2012 see if the issues were addressed cleaning features and easy switch between the does. The dark ages deals with defamatory and seditious libel and designated it as the secretariat! [ 54 ] backed by powers of arrest located in India dealing with Cybercrime and electronic Act! [ 50 ] in early December 2012, 162 NLJ 1106, Clive.. 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