Amends the Local Courts Act, 1963. Being an Act to establish the Sierra Leone Correctional Service, to introduce provisions for the organization and management of correctional centres and for other related matters. *searchable [No. Being an Act to Statutes Relating to Land Law in Sierra Leone In February 2017, A Delhi based Ecommerce Portal made a Complaint with Hauz Khas Police Station against some hackers from different cities accusing them for IT Act / Theft / Cheating / Misappropriation / Criminal Conspiracy / Criminal Breach of Trust / Cyber Crime of Hacking / Snooping / Tampering with Computer source documents and the Web Site and extending the threats of dire consequences to employees, as a result four hackers were arrested by South Delhi Police for Digital Shoplifting. P-11-2979, November 18, 2014, MCC Industrial v. Ssangyong, G.R. 4 of 2001] Our Mission Get Safe Online is the UKs leading source of unbiased, factual and easy-to-understand information on online safety. Explanatory Memorandum to the Protection from Harassment Bill. 67 of 1972). "Harassing" is defined (non-exclusively) as including "alarming" or "causing distress". The next day it was passed by the Rajya Sabha. The Appropriation Act, 2019 [No. Being an Act to provide for the promotion of inventive and innovative activity and facilitate the acquisition of technology through the grant and regulation of patents and industrial designs and for other related matters. Electoral Commission Act, 2002, The Sierra Rutile Agreement (Ratification) Act, 14 of 1974] "[15], In 2001, David Ormerod said that this section "could have been drafted more clearly all round". matters. (p) Traffic data or non-content data refers to any computer data other than the content of the communication including, but not limited to, the communications origin, destination, route, time, date, size, duration, or type of underlying service. Amends the ammunition. Amends the Other Financial Services Act, 2001. The Sierra Leone Water Company Act, 2001 [No. Amends the Armed Forces of the Republic of Sierra Leone Act, 1961. (bb) A computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of committing any of the offenses under this Act. 2007, The Hospital Boards (Amendment) Act, 2007, The Sierra Leone Maritime Administration January, 1967 and to the OAU Convention Governing the Specific Aspects 9 of 1989] 2021. consolidate and amend the law relating to factories. Law enforcement authorities, upon securing a court warrant, shall issue an order requiring any person or service provider to disclose or submit subscribers information, traffic data or relevant data in his/its possession or control within seventy-two (72) hours from receipt of the order in relation to a valid complaint officially docketed and assigned for investigation and the disclosure is necessary and relevant for the purpose of investigation. Employers have vicarious liability for harassment by their employees under section 3 of the Protection from Harassment Act 1997 (see Majrowski v Guy's and St Thomas' NHS Trust[48]). Cybercrime Offenses. 5 of 2002] Amends the Public Order Act, 1965. 86] and the Expulsion Act, 1963 [No. [28] which was a case of severe and prolonged workplace bullying resulting in serious illness of the claimant. 15 *searchable [No. 5808 was finally passed by the Senate and the House of Representatives on June 5, 2012 and June 4, 2012, respectively. Being an Act to make 17 of 1974] therewith. Being an Act to amend the Administration of Estates Act, Cap. 75 (1964), Cap. When any of the punishable acts herein defined are knowingly committed on behalf of or for the benefit of a juridical person, by a natural person acting either individually or as part of an organ of the juridical person, who has a leading position within, based on: (a) a power of representation of the juridical person provided the act committed falls within the scope of such authority; (b) an authority to take decisions on behalf of the juridical person: Provided, That the act committed falls within the scope of such authority; or (c) an authority to exercise control within the juridical person, the juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Ten million pesos (PhP10,000,000.00). [3][4], On October 9, 2012, the Supreme Court of the Philippines issued a temporary restraining order, stopping implementation of the Act for 120 days, and extended it on 5 February 2013 "until further orders from the court. The editor of "Archbold" notes the Act does not attempt to define "harassment". 2002, The Electoral Laws (Amendment) Act, Constitution of Sierra Leone, 1978 (Act No. The Protection of Freedoms Act 2012 inserted the offence of stalking in relation to this section and is defined to include things like monitoring a person online, contacting a person, loitering in a public or private place, interfering with property or spying/watching a person. [29] In Thomas v News Group Newspapers and Another (2001), Lord Philips MR said: "'Harassment' is, however, a word which has a meaning which is generally understood. Armed Forces Revolutionary Council (Establishment of Office of Principal Liaison Officer) Decree, 1997 [AFRC Decree No. 7 of 2009] 6 of 2017] The Sierra Leone Electricity and Water Regulatory Commission Act, 2011 [No. Being an Act to make The Regional Trial Court shall have jurisdiction over any violation of the provisions of this Act. He also said that a similar provision existed under Indian Post Office Act, 1898. to authorise The Protection from Harassment Act 1997, section 2(2), Stalking - Commons Library Standard Note SN06261 Published 21 March 2013 (Amended 10 September 2013) Pat Strickland, The Protection from Harassment Act 1997, section 2A(4), The Protection from Harassment Act 1997, section 3(9), The Protection from Harassment Act 1997, section 4(1), The Protection from Harassment Act 1997, section 4(3), Ormerod, D C. "Commentary" to R v DPP [2001], The Protection from Harassment Act 1997, section 4(4), The Protection from Harassment Act 1997, section 4A(5), The Protection from Harassment Act 1997, section 5(6), Thomas v News Group Newspapers and Another [2001] EWCA Civ 1233. 203335, https://www.doj.gov.ph/files/cybercrime_office/2014-2015_Annual_Cybercrime_Report.pdf, http://technology.inquirer.net/21557/87-of-filipino-internet-users-have-been-victims-of-cybercrimes-doj, http://attylaserna.blogspot.fr/2015/09/ra-10175-cybercrime-prevention-act-of.html. Being an Act to repeal, modify and incorporate certain National Provisional Ruling Council Decrees into the Laws of Sierra Leone and for other matters connected therewith. Amends the Passports Act, 1964. The Domestic Violence Act, 2007 Being an Act to amend the National Commission for Social Action Act, 2001. 9775 or the Anti-Child Pornography Act of 2009; and. Repeals the Independent Media Commission Act, 2000. Leone Act, 1961 (No. Amends the Telecommunications Act, 2006. matters. Being an Act to provide for the criminalization of money laundering and financing of terrorism, the establishment of structures to implement this and for other related matters. Repeals the Banking Act, 1970 (No. [30] Only justice Marvic Leonen dissented from the ruling, writing that he believes the whole idea of criminal libel to be unconstitutional. Section 5(4A) was inserted by section 12(3) of the Domestic Violence, Crime and Victims Act 2004. Security and Central Intelligence Act, 2002 John Marston and Katherine Thompson (1997) 161, Leonard Jason-Lloyd (1997) 161 Justice of the Peace and Local Government Law 787 (16 August), Simester, A P; Sullivan, G R; Criminal Law Theory and Doctrine. 15 of 2011] The Amends Cap.60. 1 of 2017] Amends the Medical Practitioners and Dental Surgeons Act, 1997 (No. 10 of 2000] of strategic importance for national security and welfare as well as to 48 (1962) - Cap. The Financial Management Regulations, 2007 14 of 2016] Pseudo-photographic child pornography is produced by digitally manipulating non-sexual images of Reconstruction and development Act, 1999 [No. 15 (1961), No. "Professor arrested for poking fun at Mamata", "Cartoon a conspiracy, prof an offender: Mamata", "Arrest over tweet against Chidambaram's son propels 'mango man' Ravi Srinivasan into limelight", "Mumbai shuts down due to fear, not respect", "FB post: 10 Sainiks arrested for hospital attack", "Facebook row: Court scraps charges against Palghar girls", "Teen arrested for Facebook post attributed to Azam Khan gets bail", "UP tells SC that prosecution on boy for post against Azam Khan will continue", "Government Bans 59 mobile apps which are prejudicial to sovereignty and integrity of India, defence of India, security of state and public order", "Can Chinese apps appeal India's ban? section 133 of the Constitution of Sierra Leone of the petition of right Repeals the Trade Marks Act, Cap. In exercise of the powers conferred upon him by section 82 of the Government Budgeting and Accountability Act, 2005, the Minister of Finance hereby makes the following Regulations. provisions for the administration of justice in the provinces. Repeals the The Mining (Mineral Oil) Act. The Finance Act, 2010 [No. ; PURPOSE: The purpose of this Enforcement Guidance is to consolidate and update the U.S. For purposes of this Act, the following terms are hereby defined as follows: (a) Access refers to the instruction, communication with, storing data in, retrieving data from, or otherwise making use of any resources of a computer system or communication network. Where any person against whom an injunction has been granted under this section does "without reasonable excuse" anything prohibited by that injunction, section 3(6) of the Act makes that person guilty of an offence. of 1974]. The then Minister for Communications and Information Technology, Mr Kapil Sibal defended the existing law, saying that similar laws existed in US and UK. [49], On March 2, 2020, the first guilty verdict in a cyberlibel case was returned against a local politician, Archie Yongco, of Aurora, Zamboanga del Sur. Being an Act to consolidate, with amendments, the law relating to road Being an Act to establish Act, 1999), The Lome Peace Agreement (Ratification) Act, for the services of Sierra Leone for the year 2006. The Finance Act, 2011 [No. procurement by ensuring value for money in public expenditures and the The amendment was passed on 22 December 2008 without any debate in Lok Sabha. Butterworths. The Income Tax (Amendment) Act, 2004 Section 10. 62), The Local Courts (Amendment) Act, 1975 [No. 8 of 1971). (Sgd.) 3 of 1968, and all the particulars in the First Schedule to The 15 of 2001] 11 of 2002] From 1778 to 1871, the United States government entered into more than 500 treaties with the Native American tribes; all of these treaties have since been violated in some way or outright broken by the US government, Native Americans and First Nations peoples are still fighting for their treaty rights in federal courts and at the United Nations. The Revolutionary United Front of Sierra Leone (Participation The service provider ordered to preserve computer data shall keep confidential the order and its compliance. 1992]. The Road Transport Authority (Amendment) Act, Thompson was a clumsy The CICC shall be manned by a secretariat of selected existing personnel and representatives from the different participating agencies.1wphi1. The Petroleum (Exploration and Production) Act, 2011 [No. 1829 with imprisonment of prision correctional in its maximum period or a fine of One hundred thousand pesos (Php100,000.00) or both, for each and every noncompliance with an order issued by law enforcement authorities. 2) Order 1997 (SI 1997/1498) (C 58), The Protection from Harassment Act 1997 (Commencement No. Repeals the Corporal Punishment Act. any public offices assigned to them pursuant to the Lome Peace Agreement. The Petroleum Regulatory Act, 2014 [No. This section was inserted by section 111(1) of the Protection of Freedoms Act 2012. 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]. and business names and to provide for other related matters. The Public Elections Act, 2012 [No. 2 of 1995). Act, 2007 *searchable [No. 12 of 2009. The AFRC (Anti-Looting) Decree, 1997 [AFRC Decree No. public procurement to procuring entities, to promote economic 19 of 1974] Being an Act to provide for the licensing of persons carrying on deposit-taking There shall be designated special cybercrime courts manned by specially trained judges to handle cybercrime cases. 1 of 1974] The Legal Practitioners (Amendment) Act, 2015 [No. The Protection from Harassment Act 1997 did not originally define "stalking" or formally proscribe it. 2 of 2008]. The Armed Forces of the Republic of Sierra Leone (Amendment) Act, Being an Act to establish a Road Maintenance Fund and an administration for financing the maintenance of the core road network and to provide for other related matters. 11 of 2006. 1 of 1998] Substantive law related to the offences and procedural provisions on measures are included in the following acts: The Philippine Cybercrime Prevention Act of 2012 focuses on the pre-emption, prevention and prosecution of cybercrimes such as offenses against the confidentiality, integrity and availability of computer data and systems, computer-related offenses, and content-related offenses. Being a Decree to amend the Public Budgeting and Accounting Act to re-centralise the accounting system of Government. Section 26. Amended by No. 8 stability and to provide for other related matters. Being an Act to provide for the criminalization of money laundering and financing of terrorism, the establishment of structures to implement this and for other related matters. 2 of 2006] technical and vocational training, adult and non-formal education and Being an Act to provide for the recognition and protection of refugees; [No. 2003 [No. This law could ostensibly have focal areas around privacy, social media regulation, regulation of over-the-top platforms, internet intermediaries, introducing additional contraventions or offences and governance of new technologies. Being an Act to suppress money laundering and to provide for 8 of 2007] Powers and Functions. No. She received the MBE in the Queen's Birthday Honours List (1997) for her efforts. A Warrant to Examine Computer Data (WECD) is a warrant authorizing the LEA who have acquired possession of computer device or computer system via a lawful warrantless arrest, or by any other method to conduct forensic examination on the computer data contained therein. [2] Its use against journalists like Maria Ressa, of Rappler, has drawn international condemnation. The Other Financial Services Act, 2001 [No. Someone who believes they are the victim of harassment falling within section 1 of the Act may (either instead of or in addition to a criminal prosecution) elect to pursue a civil remedy for damages for anxiety or for financial loss arising from harassment: section 3(2). The National Youth Service Act, 2016 [No. *searchable [No. (No. Neil Addison, "Dangers of the Protection from Harassment Act 1997", Bryden, Chris; Salter, Michael. for the service of Sierra Leone for the year 1974/75. Being an Act to establish the National Pharmaceutical Procurement Unit as an autonomous body responsible for the procurement, storage, distribution and management of drugs and medical supplies, for and on behalf of all public health facilities throughout Sierra Leone, to establish a National Pharmaceutical Procurement Unit Board and to provide for other related matters. Imprisonment up to three years, or/and with fine. Twelfth Edition. The 51 of 1965), and amends 2001, The National Social Security and Insurance Trust Act, Being an Act to amend the Income Tax Act, 2000. A stalking victim herself, she launched the National Association for Victims of Stalking and Harassment (NASH) in 1993, when her then teen-age daughter was stalked by a dangerous character who was known to carry a knife. Constitution of Sierra Leone, 1978. to provide 14 of 2001] 12 of 2008] 2003, The Road Transport Authority (Amendment) Act, Being an Act to authorise expenditure from the Consolidated Fund [33][34] Despite this, as per a research paper by Abhinav Sekhri and Apar Gupta Section 66A of the Information Technology Act 2000, continues to be used by police departments across India in prosecutions. The law enforcement authority shall also certify that no duplicates or copies of the whole or any part thereof have been made, or if made, that all such duplicates or copies are included in the package deposited with the court. services to local councils and for other matters connected therewith. . 12 of 1971) and The Insurance 1995; the Electoral Provisions Act, 1995; and the Presidential Elections Being an Act to amend the Government Budgeting and Accountability Act, 2005. Being an Act to establish a National Commission for the control of the proliferation and the illicit circulation of small arms and light weapons, their ammunitions and other related materials and to provide for other related matters. Being an Act to Issues. The willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration. The National Electricity Act, 2011 [No. Except for sections 1 to 12, the Act came into force on 21 March 1997. The National Unity and Reconciliation Act, 1996 [No. Being an Act to amend the Armed Forces of the Republic of Sierra Leone Act, 1961. 1994. 4 The The 1986 Act also prohibited controlled substance analogs.The bill enacted new mandatory 76), the District Councils Act (Cap. Modifies the Ports Act, 1964. 15 of 2014] Being an Act to establish the Sierra Leone Investment and Export Promotion Agency to promote investments and exports and for other unrelated matters. Mens rea and actus reus. retired Vice-Presidents and for other purposes incidental thereto. an Act to make provision for, and in connection with, the attainment by Sierra Leone of fully responsible status within the Commonwealth. on the Rights and Welfare of the Child, and for other related matters. 11 9 of 2017] Amended by the Polytechnics (Amendment) Act, 2001. The element of intentionality was originally termed malice aforethought, although it required neither malice nor premeditation.Baker (Glanville Williams 2 of 1986] 20 of 1974). Implementing Rules and Regulations. 6 of 2007] 14 of 1962) [31], On 24 March 2015, the Supreme Court of India, gave the verdict that Section 66A is unconstitutional in entirety. Being a Decree to provide for the standardization of commodities and products, to establish the Sierra Leone Standards Bureau and the National Standards Council and to provide for other related matters. 6 of 1974] 12 of 2004] Equal Employment Opportunity Commission's guidance documents Department of Justice (DOJ). 3 of 1998] Consolidate and Amend the Law Relating toPublic Order. This section prohibits a person from pursuing "a course of conduct" which "amounts to harassment of another" and which "he knows or ought to know amounts to harassment of the other". Oxford University Press. "PRIVACY AND DATA PROTECTION IN INDIA: A CRITICAL ASSESSMENT", "Information Technology (Guidelines For Intermediaries And Digital Media Ethics Code) Rules, 2021", "New Indian Internet Intermediary Regulations Pose Serious Threats to Net Users' Freedom of Expression", "Information Technology Act, 2000 with 2008 amendments", https://en.wikipedia.org/w/index.php?title=Information_Technology_Act,_2000&oldid=1116566868, All Wikipedia articles written in Indian English, Pages using collapsible list with both background and text-align in titlestyle, Pages using a deprecated parameter in the legislation infobox, Creative Commons Attribution-ShareAlike License 3.0, Imprisonment up to three years, or/and with fine up to, Receiving stolen computer or communication device, Imprisonment up to five years, or/and with fine up to, Imprisonment up to seven years, or/and with fine up to. Amends the Constitution of Sierra Leone, 1991 (Act No. (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. 5] She opened a help line on which she eventually took tens of thousands of calls. 1986, The Pensions and Retiring Benefits of Presidents and Vice-Presidents The Bumbuna Watershed Authority and the Bumbuna Conservation Area Act, 2008 [No. The National Social Security and Insurance Trust Act, 3 of 2018] All other data to be collected or seized or disclosed will require a court warrant. The Information Technology Act, 2000 (also known as ITA-2000, or the IT Act) is an Act of the Indian Parliament (No 21 of 2000) notified on 17 October 2000. supplementary provision for the service of Sierra Leone for the year HIV and AIDS, for the treatment, counseling, support and care of persons 29 of 1972) relating to the Being an Act to make supplementary provisions for the services of Sierra Leone for the year 2018. 265). The dowry system in India refers to the durable goods, cash, and real or movable property that the bride's family gives to the groom, his parents and his relatives as a condition of the marriage. The National Disaster Management Agency Act, 2020 [No. Repealed by the Insurance Act, 2016 (No. reconstitute the University of Sierra Leone, to establish the Njala (No. Failure to comply with the provisions of Chapter IV hereof specifically the orders from law enforcement authorities shall be punished as a violation of Presidential Decree No. financial resources of Sierra Leone and to provide for other related The National Council for Technical, Vocational and Other Awards Act, The stated aim of the bill is to help the U.S. 3 of 2006] *searchable The Non-Citizens (Registration, Immigration and Expulsion) Act, 1965 [No. [27], Rajeev Chandrasekhar suggested the 66A should only apply to person to person communication pointing to a similar section under the Indian Post Office Act, 1898. Repeals the Anti-Corruption Act, 2000. Being an Act to make provision for the continuance in existence of the National Public Procurement Authority, to further regulate and harmonise public procurement processes in the public service, to decentralize public procurement to procuring entities, to promote economic development, including capacity building in the field of public procurement by ensuring value for money in public expenditures and the participation in public procurement by qualified suppliers, contractors, consultants and other qualified providers of goods, works and services and to provide for other related matters. 9995 or the Anti-Photo and Voyeurism Act of 2009, Republic Act No. It aims to address legal issues concerning online interactions and the Internet in the Philippines. Amends the Entertainment Tax Act, 1971. 249]. The Arms and Ammunition (Amendment) Act, 1974 Gorhe had said that repeal of the law would encourage online miscreants and asked whether the state government would frame a law to this regard. Oxford University Press. The Amends the Freetown Municipality Act, 1973 (No. Insert in ", Serious Organised Crime and Police Act 2005, Domestic Violence, Crime and Victims Act 2004, Anti-terrorism, Crime and Security Act 2001, Majrowski v Guy's and St Thomas' NHS Trust, Protection from Harassment (Northern Ireland) Order 1997, Convention for the Protection of Human Rights and Fundamental Freedoms, Employment discrimination law in the United Kingdom, "Serious Organised Crime and Police Bill (Hansard, 14 March 2005)", http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/QB/2006/1898.html, Archbold Criminal Pleading, Evidence and Practice, Justice of the Peace and Local Government Law, "Harassment: "Police Information Notices", "Select Committee on Home Affairs Written Evidence: Memorandum submitted by the Association of Chief Police Officers Stalking and Harassment Portfolio", "JUDGMENT: R (on the application of Catt) [2015] UKSC 9", "More than 500 journalists, politicians and press freedom supporters urge Met to cancel reporter's harassment warning", "IPCC rejects appeal over harassment warning to newspaper reporter", "The police should take more care with their harassment notices", "Would Dante have been guilty of Harassment? for the Service of Sierra Leone for the year 1975/76. Being an Act to provide for the imposition and alteration of taxes for the year 2015 and for other related matters. of 1974] Amends the National Drugs Control Act, 2008 [No. 5 of 2006] Being an Act to amend the Telecommunications Act, 2006. 20 of 1963] Glazebrook, P R. Blackstone's Statutes on Criminal Law. Being an Act to amend the Registration of Instruments Act. Repeals the Companies Act [Cap. Amends the Universities Act, 2005. The Council of Legal Education Act, 1989 (Act No. the National Public Procurement Authority, to regulate and harmonise The National Provisional Ruling Council (Appropriation) Decree, 1996 [NPRC Decree No. 2002, The State Salaries, Pensions, Composition. The intentional or reckless alteration, damaging, deletion or deterioration of computer data, electronic document, or electronic data message, without right, including the introduction or transmission of viruses. 4 of 2000] Local Courts (Amendment) Act, 1965, The Being an Act to amend the Local Government Act, 2004 to provide for the postponement of local council elections and for other related matters. (cc) The commercial electronic communication does not purposely include misleading information in any part of the message in order to induce the recipients to read the message. [No. Being an Act to reform the The Cybercrime Act, 2020 Search, Seizure and Examination of Computer Data. Being an Act to amend the 5 of 2007] make provision for the grant of pension and other retiring benefits to Being an Act to provide for the imposition and alteration of taxation for the year 2008 and for other related matters. Act, 1974 [No. Being an Act to amend the Local Government Act, 2004 to provide for the addition of new Districts created under the Provinces (Administrative Division) Order, 2017 and other related matters. 2000 [No. of 1975] 16 of 1995). Revolutionary United Front of Sierra Leone, on the other part. Being an Act to ratify (j) Critical infrastructure refers to the computer systems, and/or networks, whether physical or virtual, and/or the computer programs, computer data and/or traffic data so vital to this country that the incapacity or destruction of or interference with such system and assets would have a debilitating impact on security, national or economic security, national public health and safety, or any combination of those matters. administration and enforcement of specified laws, to make consequential Consolidate the Law relating to the Extradition of Criminals. [No. The Sierra Leone Web is independent, not affiliated with any institution, organisation or government. Amends the Local Courts Act, 1963 (No. [4] On 20 December 2018, the Ministry of Home Affairs cited Section 69 in the issue of an order authorising ten central agencies to intercept, monitor, and decrypt any information generated, transmitted, received or stored in any computer. [37] While some claim this to be a violation of the fundamental right to privacy, the Ministry of Home Affairs has claimed its validity on the grounds of national security. Detailed analysis criticizing the law relating to factories as including `` alarming or The DOJ and designated it as the Criminal offence the strict rules, procedural and Their Facebook profile pictures and trending the hashtag # NoToCybercrimeLaw on Twitter this superseded! 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