Cyber-crime offenders to bag 7 years jail term
Senate yesterday passed into law, a seven-year jail term for all kinds
of computer-related fraud, computer-related forgery, offences relating
to pornography, cyber-stalking and cyber-squatting.
The upper legislative chamber also approved a new law that will curb the online crimes in Nigeria.
The seven-year jail term was contained in a bill for an Act
to Provide for the Prohibition, Prevention, Detection, Response,
Investigation and Prosecution of Cybercrimes and for Other Related
Matters 2014.
In addition, the bill seeks to punish interception of
data, system interference and misuse of devices. Among other objectives,
the bill seeks to promote cyber security, protection of computer
systems and networks, electronic communications; data and computer
programmes, intellectual property and privacy rights.
Sponsor of the
bill, Senator Adegbenga Kaka, said anyone who committed fraud, using a
computer system or network with the intention of obtaining computer
data, securing access to any programme, commercial or industrial secrets
or classified information would upon conviction be sentenced to seven
years jail term or a fine of N7 million or both.
In the same vein,
anyone found guilty of possessing a manipulative device, unauthorised
automatic teller machine (ATM) card, damaging a computer with the
intention to defraud, trafficking in any password to defraud customers
or financial institutions would be sentenced to seven years imprisonment
or a N7 million fine.
Similarly, any person or organisation who
intentionally trafficked in any password or similar information through a
computer unlawfully with the intention to defraud public and private
interests within or outside Nigeria would be liable upon conviction to a
fine of N7 million or three years imprisonment.
The bill also spelt
out a three-year jail term or N2 million fine for anyone who knew that a
crime had been committed in his premises or cybercafe and failed to
report to relevant authorities within seven days.
While the bill
provided for compulsory registration of all cybercafes as business
concerns with Computer Professionals’ Registration Council in addition
to business name registration with the Corporate Affairs Commission
(CAC), it also spelt out three years’ jail term or a fine of N1 million
for anyone who perpetrated electronic fraud through a cybercafe.
In a
situation where the fraud was perpetrated in connivance with owner(s)
of the cybercafe, such owners would be liable to a fine of N2 million or
three years jail term.
The bill also provided for punishment of 10
years imprisonment without an option of fine against anyone who
committed any offence in relation to critical national information
infrastructure and 15 years imprisonment for any person who committed
such a crime resulting in bodily harm and life imprisonment for such
crime if it resulted in death of another person.
In his comments
after the passage, Deputy Senate President, Ike Ekweremadu, said
enacting anti-cyber crime law became necessary because there was no
computer at the time the penal and criminal code came into force.
He
added that passing the bill was a loud statement to perpetrators of
cyber crimes that it would no longer be business as usual for them.
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10/24/2014
Cyber-crime offenders to bag 7 years jail term
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