Republic of South Sudan

This Act shall be cited as “the Cybercrimes and Computer Misuse Act, 2026” and shall come into force on the date of its signature by the President.

Any legislation governing the subject of this Act is hereby repealed; provided that, all actions taken, proceedings, appointments, orders and regulations made or issued thereunder shall remain in force until they are repealed or amended in accordance with the provisions of this Act.

The Purpose of this Act is; (a) To provide for offences relating to computer systems to enable timely and effective detection, prohibition, prevention, investigation and prosecution of computer and cybercrimes. (b) To facilitate international cooperation in dealing with computer and cybercrimes matters, and for related purposes.

(1) This Act is drafted in accordance with the provisions of Schedule (A) paragraph (45) of the Transitional Constitution of South Sudan, 2011 (as amended). (2) The provisions of this Act shall apply to all cybercrimes and computer misuse committed in or outside the Republic of South Sudan.

In this Act, unless the context otherwise requires: “Application” means programme or software used to provide electronic or digital services or execution of what the user may need through any means of information; “Authority” means the National Communication Authority established under section 12 of the National Communication Act, 2012; “Availability” means the ability to make information and related resources accessible as needed, when they are needed, where they are needed; “Access” means instruction, communication with, storing data in, retrieving data from, or otherwise making use of any resources of computer system or communication networks; “Communication” means the transmission of information through physical or virtual information communication technologies media; “Communication Network” means any connection between more than one system or communication; “Communication Structure” means private information systems and other sensitive information for provision of service to the public; “Competent Minister” means the Minister responsible for communication; “Computer” means an electronic, magnetic, optical, electrochemical, or other data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device; “Computer system” means an arrangement of interconnected computers that is designed to perform one or more specific functions, and includes: (a) an information system; and (b) an operational technologies system, a programmable logic controller, a supervisory control and data acquisition system, or a distributed control system. “Computer data” means any representation of facts, information, or concepts in a form suitable for processing in a computer system, including a program suitable to cause a computer system to perform a function and includes electronic documents or electronic data messages whether stored in local computer systems or online; “Computer program” means a set of instructions executed by the computer to achieve intended results; “Content data” means the communication content of the communication, the meaning or purpose of the communication, or the message or information being conveyed by the communication, other than traffic data; “Confidentiality” means the state of keeping or being kept secret or private; “Critical Information Infrastructure” means systems, assets, programme or data that are so vital to the country that their destruction would have an impact on the security, national economic security, national public health and safety of the country; “Critical Infrastructure” means the processes, systems, facilities, technologies, networks, assets, and services essential to the health, safety, security or economic wellbeing of South Sudanese and the effective functioning of Government; “Cyber bullying” Means a hurtful, targeted behavior using digital platforms such as, social media, texts, and an online game. It involves the repeated and intentional use of digital technologies to harass, threaten, embarrass, or target another person; “Cybercrime” means any crime committed through information system, networks, software, computer, internet or any related activities; “Cyber security” means the state in which a computer or computer system is protected from unauthorised access or attack for the purpose of ensuring that; (a) the computer or computer system continues to be available and operational. (b) the integrity of the computer or computer system is maintained; and (c) the integrity and confidentiality of information stored in, processed by or transmitted through the computer or computer system is maintained. “Cyber security Incident” means any act or attempt, successful or unsuccessful, to gain unauthorised access to, disrupt or misuse an information system or information stored on such information system. “Cyber security Products” includes: (a) a computer; (b) a computer system; (c) a computer programme; or (d) a computer service designed for, or purported to be designed for, ensuring or enhancing the cybersecurity of another computer or computer system. “Cyber Terrorism” means criminal acts committed by individual or group to further violence or ideological goals streaming from domestic influences, political, religious, social, racial or environmental nature or associated with, designed foreign terrorist organisation or states sponsor; “Cyber Terrorist act” means an act performed in furtherance of a political, ideological, religious, racial or ethnic cause and: (a) causes serious bodily harm to a person. (b) causes serious damage to property. (c) endangers the life of a person. (d) creates a serious risk to the health or safety of the public. (e) involves the use of firearms or explosives. (f) releases into the environment or exposes the public to: (i) dangerous, hazardous, radioactive or harmful substances. (ii) toxic chemicals; or (iii) microbial or other biological agents or toxins. (g) is prejudicial to national security or public safety. (h) is designed or intended to disrupt: (i) a computer system or the provision of services directly related to communications. (ii) banking or financial services; or (iii) utilities or transportation. “Cyber security threat” means an unauthorised effort to adversely impact the security, availability, confidentiality, or integrity of an information system or information that is stored on, processed by, or transiting an information system; “Cyberspace” means the connected network of information technology infrastructure comprising telecom networks, the internet, computer networks, information systems, information processing and control systems and databases where people perform social acts without being limited by space and time; “Cyber security Service Provider” means a person licensed to provide a cyber security service; “Cyber Espionage” Means use of computer device or computer system to obtain secret or confidential information on critical infrastructure, security infrastructure and leadership; “Cyber Extortion” cyber extortion is a form of cybercrime where a person threatens to damage, disable, or release a data system, or network, unless a ransom is paid or a demand is made often under the threat of harming or exposing sensitive digital assets; “Data” means numbers, letters, symbols or electronic representations of information in any form stored, processed, generated, produced, transferred to a computer or other electronic device; “Database” means electronic space in which data and information are organised and stored in a way which enable its retrieval or modification; “Device” includes: (a) a computer program, code, software or application. (b) component of computer system such as graphic card, memory card, chip or processor. (c) computer storage component. (d) input and output devices. “Digital Forensic Expert or Forensic Expert” means an expert with knowledge in the field of digital forensics by training, practice, experience, certification, formal education on digital forensics or other qualifications; “Economic Sabotage” Means deliberate use of a computer device or computer system to harm or disrupt an economic interest of the country and individual. “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities, and the word “electronically” shall be similarly construed; “Electronic Communication” means any transfer of a sign, signal or computer data of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic, photo optical system in any other similar form physically or virtually; “Forensics” means the application of investigative and analytical techniques that conform to evidentiary standards; and are used in, or appropriate for, a court of law or another legal context; “Forensic image” also known as a forensic copy, means an exact bit-by-bit copy of a data carrier, including slack, unallocated space and unused space; “Forensic Tool” means any investigative tool or device including software or hardware installed on or in relation to a computer system or part of a computer system and used to perform tasks including keystroke logging or collection of investigation information about a use of a computer or computer system by an expert; “Hosting Provider” means a person who provides service that run servers connected to internet allowing organisation and individual to serve content or host services connected to internet; “Hyperlink” means a symbol, word, phrase, sentence or image that contains path to another source that points to and causes to display other documents when executed; “Indecent Content” means any data, information, audio, image, data message, photo, document, video, graphical representation or symbol that is contrary to the norms and traditions; “Information” means data, text, images, sounds, codes, computer programs, software and databases; “Information System” means a system for generating, sending, receiving, storing, displaying or otherwise processing data messages; and includes the internet or any other information sharing system; “Integrity” means accuracy, consistency, and reliability of data; “Interception” means listening to, recording, monitoring or surveillance of the content of communication, including procuring of the content of data, either directly through access and use of computers, a computer system or indirectly, through the use of electronic eavesdropping or tapping devices, when communication is occurring; “Interfere” means any impairment to the confidentiality, integrity or availability of a computer system, program or data on a computer system, or any act in relation to the computer system, which impairs the operation of the computer system, program, or data; “Investigatory Unit” means the National Cybercrime Prosecution Unit established by section 17 of this Act; “Means of Communication” means information and communication devices, including computers, or smart devices or similar related devices; “Minister” means the Minister responsible for Justice and Constitutional Affairs; “Mobile Money” means electronic transfer of funds between mobile phone network subscribers, banks or accounts deposits or withdrawals of funds or payment of Acts or processing financial transactions by mobile devices; “National Critical Information Infrastructure” means a vital virtual asset, facility, system, network or process whose incapacity, destruction or modification would have: (a) a debilitating impact on the availability, integrity or delivery of essential services including those services, whose integrity, confidentiality, and result in significant loss of life or securities; or (b) a yielding impact on national security, defence or the functioning of the state. “Network” means a collection of hardware and computers interconnected by communications channels that allow sharing of resources and information; “Owner of critical information infrastructure” means the legal owner or operator of the critical information infrastructure and, where the critical information infrastructure is jointly owned by more than one person, includes every joint owner; “Password” means any data by which computer service or a computer system is capable of being accessed for use; “Pornography” includes the representation in books, magazines, photographs, films, and other media, telecommunication apparatus of scenes of sexual behaviour that are erotic or lewd and are designed to arouse sexual interest; “Phishing” means the practice of sending fraudulent communications that appear to come from a legitimate source by email, text message or other forms of communication with the intention to steal money, gain access to sensitive data and login information, or to install malware on the victim’s device; “Public key infrastructure” means a system of hardware, software, policies, and procedures used to create, manage, distribute, and revoke digital certificates that verify the ownership of public keys, allowing for secure online communication and authentication between entities; “Publish” means distributing, transmitting, disseminating, circulating, delivering, making available, storing, printing, copying, selling or offering in any other way or making available in any way; “Reception” means acquisition of data or information contained in any malicious electronic message; “Real-time” means the way a computer system receives data and then communicates it or makes it available immediately; “Service” means use of image, audio, video or data provided over internet or other electronic means; “Service Provider” means: (a) a public or private entity that provides to users of its services the means to communicate by use of a computer system; and (b) any other entity that processes or stores computer data on behalf of that entity or its users. “Spamming” means using messaging systems to send multiple unsolicited messages to a large number of recipients for the purpose of commercial advertising, non-commercial proselytising, or any prohibited purpose; “SS-CIRT” means the South Sudan Computer Incident Response Team established pursuant to section 32(1) of this Act; “Subscriber Information” means any information contained in the form of data or any form that is held by a service provider, relating to subscribers of its services, other than traffic data or content data, by which can be established by: (a) the type of communication service used, the technical provisions taken thereof and the period of use; (b) the subscriber’s identity, postal, geographic location, electronic mail address, telephone and other access number, dating and payment information, available based on the service agreement or arrangement; or (c) any other information on the site of installation of telecommunication apparatus, available on the basis of the service agreement or arrangement. “Traffic data” means any computer data other than the content of the communication, including, but not limited to the communication’s origin, destination, route, time, date, duration, or type of underlying service; “Unauthorised access” means access of any kind by a person to a programme or data held in a computer without permission if: (a) the person is not personally entitled to control access of the kind in question to the programme or data; and (b) the person does not have consent to access the kind of programme or data from the person who is entitled to control access. “Webpage” means any sources of information stored electronically which may be accessed through hyperlinks or any internet; “Website” means a group of World Wide Web pages usually containing hyperlinks to each other and made available online by an individual, company, educational institution, government or organisation.