Internet Laws in South Africa

Phishing is an attempt to obtain private and confidential information from individual Internet users, such as usernames, passwords, and credit card details. Cybercriminals usually send emails or contact victims via instant messaging, posing as real or official correspondents. Phishing emails or messages often contain malware-infected web links. Spear phishing is a variant of phishing that targets specific groups of people who have at least one thing in common. For example, they may work in the same business, attend the same university, use banking services from the same financial institution, or order goods and services from the same websites. SOX (Sarbanes Oxley Act) is a statute passed by the United States Congress. It requires listed companies to undergo rigorous accounting audits and internal controls. These audits do not necessarily mean that an entity has deficiencies in its accounting processes. GDPR GDPR Compliance Checklist Cybersecurity Compliance Regulations POPI Cybersecurity in South Africa South Africa Digital inequality has increased over the years as more South Africans go online, according to a report commissioned by the National Planning Commission. The report attributes the problem to a lack of resources between those who can make the most of the internet and those who can only access basic services due to poor connection quality and high prices.7 Although the country has achieved a third-generation (3G) coverage of almost 100%, there are differences in Internet access between urban and rural residents.15 Internet penetration is significantly higher in urban areas. According to the 2019 General Household Survey, only 1.2% of people in rural areas have access to the internet at home, compared to 7.2% in urban areas and 15.4% in large metropolitan areas. Similarly, the majority of urban dwellers (59.5%) and residents of large metropolitan areas (67.8%) have access to the Internet via mobile devices, compared to a minority of rural residents (44%).16 ICASA`s market study on mobile broadband services revealed cost differences between rural and urban areas. The proposed Mobile Services Regulations published in March 2021 would require the reporting of these differences (see A4).

Score change: The score increased from 3 to 4, as submarine cable disruptions that resulted in reduced speeds for South African internet users for weeks in early 2020 were not repeated during the reporting period. Submarine cable malfunctions in early 2020 led to weeks of speed reduction for South African netizens. Vodacom and MTN, which control 80 percent of the telecoms market, have accepted a number of government recommendations aimed at increasing the affordability of data plans. The telecommunications regulator announced a temporary release of broadband spectrum to reduce congestion during the increased demand for internet caused by the COVID-19 pandemic. Internet availability has been significantly limited by power outages introduced in 2019 by the national utility Eskom to avoid years of mismanagement.15 Since 2019, Eskom has been regularly shedding, as power generation capacity has been reduced due to technical disruptions due to lack of maintenance of power plants, as well as operational, structural and financial problems.16 The situation is expected to continue in the near future.17 Mobile operators face challenges when it comes to ensuring their cell towers stay online during power outages due to a wave of robberies organized by criminal syndicates stealing tower batteries.18 The law applies to all individuals and organizations in South Africa who use the Internet to communicate or process data. Cyber risk and governance professionals must ensure that their organizations comply with the law. The law`s journey began in 2015, and after years of debate, review and amendment, the country began implementing most of the articles on December 1, 2021. The increasing use of technology for communications, particularly during the COVID-19 pandemic, and the increase in cyberattacks during the lockdown period from early 2020 have supported the government`s efforts to intensify the regulation of cybercrime. South Africa has few restrictions on anonymous communication or encryption. There is no law requiring internet users, website owners or bloggers in South Africa to register with the government or any of its agencies. Users are also not required to use their real name when posting comments on the internet, including on social media platforms. POPIA brings South Africa up to the standards of international data protection laws.

This is achieved by regulating the processing of personal data of natural and legal persons. Regarding the gender gap, Research ICT Africa reported that 12 per cent more men than women have access to the internet.17 Internet access is relatively high among young people at 70 per cent, compared to 53 per cent of the general population.18 The higher connectivity rate of young people is undoubtedly influenced by young people`s high access to smartphones. 71% of teens have a smartphone, compared to 55% of the general population. Local sources report that pressure from online stakeholders has impacted ICASA`s efforts to remove barriers to internet accessibility (see A2). Internet freedom in South Africa improved moderately during the reporting period. With the entry into force of a long-awaited data protection law and a new cybercrime law, the government has strengthened its regulation of digital spaces. While manipulation of online content decreased after the May 2019 elections, online self-censorship and harassment remain widespread. While concerns remain about South Africa`s surveillance capacity, no cases of blocking or filtering have been reported, and no restrictions on the use of social media for online engagement have been reported.