Republic of South Sudan

(1) A person shall not without authorisation; (a) secure access, or (b) attempt to secure access to a computer system or a computer network designated as a critical infrastructure. (2) A person who contravenes subsection (1) of this section commits an offence and shall be liable upon conviction to a fine or a term of imprisonment not exceeding five years, or both. (3) Where the offence committed under subsection (1) of this section; (a) results in a serious bodily injury, financial loss or damage to the computer system or computer network designated as a critical information infrastructure, th…

A person who; (a) attempts to commit any offence under this Act; or aids, abets, conspires, counsels or procures another person(s) to commit any offence under this Act commits an offence and shall be liable upon conviction to the punishment provided for the principal offence under this Act; (b) An employee of a financial institution found to have connived with another person or group of persons to perpetrate fraud using computer system(s) or network, commits an offence and shall be liable upon conviction to a fine or imprisonment for a term of not exceeding seven years and shall in addition, r…

(1) A person who: (a) intentionally manufactures, sells, procures for use, imports, distributes or otherwise makes available, a computer system, computer data or any other device, designed or adapted primarily for the purpose of committing any offence under this Act commits an offence. (b) intentionally and without authorisation, receives or is in possession of devices and computer data under subsection (a) of this section commits an offence. (c) a person who commits an offence under this section shall be liable upon conviction to a fine or imprisonment for a term not exceeding ten years, or b…

(1) The Authority may make a request for mutual legal assistance in any criminal matter to a foreign State for the purpose of: (a) conducting investigations or proceedings concerning offences related to computer systems, electronic communications or computer data; (b) collecting evidence for disclosure in electronic form; (c) collecting evidence in electronic form of any criminal offence not limited to offences under this Act; or (d) obtaining expeditious preservation and disclosure of data, including traffic data, real-time collection of traffic data associated with specified communications o…

(1) A requesting State may request the Inspector General of Police, through the Authority, to search or similarly access, seize or similarly secure, and disclose stored computer data located within the Republic of South Sudan, including computer data that are specified in section 19 of this Act. (2) For the purpose of subsection (1) of this section, the requesting State shall; (a) provide the name of the authority conducting the investigation or proceedings to which the request relates; (b) give a description of the nature of the criminal matter and a statement setting out a summary of the rel…

(1) A person who, by any technical means, wilfully intercepts or causes to be intercepted without authorisation, any computer data, or electromagnetic emissions carrying computer data, or non-public transmissions to, from or within a computer system commits an offence and shall be liable upon conviction to a fine or imprisonment for a term not exceeding seven years, or both. (2) Where, as a result of the commission of an offence under subsection (1) of this section, the operation of the computer system is impaired, or transmitted computer data is suppressed or modified, a person convicted of t…

(1) Any person who, intentionally and without authorisation, modifies computer data commits an offence and shall be liable upon conviction to a fine or of imprisonment for a term not exceeding eight years, or both. (2) Where, as a result of the commission of an offence under this section; (a) the operation of the computer system; (b) access to any computer program or computer data held in any computer; or (c) the operation of any computer program or the reliability of any such computer data, is suppressed, modified or otherwise impaired, a person who is convicted of the offence shall be liable…

The Court before which a person is convicted of an offence may, in addition to any other penalty imposed, order the forfeiture of any apparatus, article or device which is the subject matter of the offence or is used in connection with the commission of the offence.

(1) A requesting State which intends to make a request for mutual legal assistance for the search or similar access, seizure or similar securing or the disclosure of computer data, may request the Authority to obtain the expeditious preservation of stored computer data located within the territory of South Sudan. (2) The requesting State shall, in its request under subsection (1) of this section, specify; (a) the name of the authority seeking the preservation. (b) the offence that is the subject of a criminal investigation or proceedings and a summary of the related facts. (c) the stored compu…

(1) Computer data obtained under this Act by any person authorised, in writing, by the investigatory Unit shall be used for the purpose of a criminal investigation or the prosecution of an offence, unless such computer data is sought in: (a) accordance with any other law. (b) compliance with an order from a Court. (c) relation to the prevention of injury or other damage to the health of a person or serious loss of, or damage to property; and (d) the public interest. (2) Subject to subsection (1) of this section any person authorised by the investigatory Unit shall, on receipt of a request, in …

(1) A person who, intentionally and without authorisation, hinders the functioning of a computer system by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer commits an offence and shall be liable upon conviction to a fine or imprisonment for a term not exceeding ten years, or both. (2) For the purpose of this section, an interference is unauthorised if the person whose act causes the interference is not permitted to cause that interference. (3) A person who commits an offence under subsection (1) of this section which: (a) results in financial loss to…

(1) A person who, intentionally and without the consent of recipients, initiates the transmission of large-scale or repeated electronic messages through a computer system with intent to; (a) deceive or defraud any person; or (b) cause interference, disruption, or loss to any computer system or network commits an offence. (2) Commercial or promotional messages sent with a valid opt-out mechanism shall not constitute an offence. (3) A person convicted under this section shall be liable to a fine or imprisonment for a term not exceeding three years, or both.

(1) A person who intentionally uses any computer system or network in or for; (a) producing child pornography. (b) distributing or transmitting child pornography. (c) procuring child pornography for oneself or for another person. (d) possessing child pornography in a computer system or on a computer-data storage medium: commits an offence under this Act is liable upon conviction;     (i) in the case of paragraphs (a), (b) and (c) of this subsection to a fine or imprisonment for a term not exceeding fifteen years or both; and     (ii) in the case of paragraph (d) of this subsection, to a fine o…

A person who: (a) unlawfully induces any person in charge of electronic devices to deliver any electronic messages not specifically meant for him or her; (b) unlawfully hides or detains any electronic mail, message, electronic payment, credit and debit card which was found by the person or delivered to the person in error and which ought to be delivered to another person; (c) unlawfully destroys or aborts any electronic mail or processes through which money or information is being conveyed; (d) transfers, publishes, or disseminates, including making a digital depiction available for distributi…

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) The Authority may, subject to this Act and any other relevant law, without a prior request, forward to a foreign State information obtained within the framework of a South Sudan investigation where it considers that the disclosure of such information may; (a) assist the foreign State in initiating or carrying out investigations or proceedings concerning criminal offences related to cybercrime and computer misuse; or (b) lead to a request for cooperation by the foreign State under this Act. (2) Prior to providing the information under subsection (1) of this section, the Authority may reques…

(1) A requesting State may request the Authority to provide assistance in real-time collection of traffic data associated with specified communications in the Republic of South Sudan, transmitted by means of a computer system. (2) For the purpose of subsection (1) of this section, the requesting State shall specify; (a) the authority seeking the use of powers under this section. (b) the offence that is the subject of a criminal investigation or proceedings and a summary of the related facts. (c) the name of the authority which has access to the relevant traffic data. (d) the location at which …

(1) A requesting State may request the Authority to provide assistance in the real-time collection or recording of content data of specified communications in South Sudan transmitted by means of a computer system. (2) When making a request under subsection (1) of this section, a requesting State shall specify; (a) the authority seeking the use of powers under this section. (b) the offence that is the subject of a criminal investigation or proceedings and a summary of the related facts. (c) the name of the authority with access to the relevant communication. (d) the intended duration of the int…

The Unit shall: (1) investigate cybercrime offences and related crimes. (2) preserve data and evidence. (3) obtain information and detect suspects. (4) 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; and (5) prescribe forms and templates, including, but not limited to, those for preservation orders, chain of custody, consent to search, consent access to an account or online identity, and request for computer forensic examination.

(1) Where the disclosure of data is required for the purpose of a criminal investigation or prosecution of an offence, the investigatory Unit may make an application to the Court for an order compelling: (a) a person in the Republic of South Sudan to submit specified data in that person’s possession or control, which is stored in a computer system or device. (b) any service provider offering its services in the Republic of South Sudan to submit subscriber information in relation to such services in that service provider’s possession or control. (2) Where any material, to which an investigation…

(1) Where the investigatory Unit has reasonable grounds to believe that: (a) stored data is relevant for the purpose of an investigation or the prosecution of an offence, it may make an application to court for the issue of a warrant to enter any premises to access, search and seize such data; (b) data sought is stored in another computer system or part of it in the Republic of South Sudan territory, and such data is lawfully accessible from or available to the initial system, the investigatory Unit shall expeditiously extend the search or similar access to the other systems. (2) The investiga…

Where the investigatory Unit has reasonable grounds to believe that traffic data is relevant for the purpose of investigation and prosecution of an offence, it may make an application to the Judge in Chambers for an order: (a) authorising the collection or recording of traffic data on the Republic of South Sudan territory by technical means, in real-time, associated with specified communications transmitted by means of any computer system. (b) compelling a service provider, within its technical capabilities, to: (i) effect such collection and recording specified in paragraph (a) of this sectio…

Where the investigatory Unit has reasonable grounds to believe that any content data is relevant for the investigation and prosecution of an offence, it may make an application to the court for an order to: (a) collect or record content data in the territory of the Republic of South Sudan by technical means in real-time of specified communications by means of a computer system. (b) compel a service provider, within its existing technical capabilities, to: (i) collect or record by technical means in the Republic of South Sudan. (ii) cooperate and assist the investigatory Unit in the collection …

(1) A person who, intentionally and without lawful authority or consent; (a) communicates, discloses, transmits, or makes available any computer data, information system program, access code, or command to another person knowing that such transmission is unauthorized; or (b) intentionally and unlawfully receives or uses computer data obtained in the manner described in paragraph (a), commits an offence. (2) A person convicted under subsection (1)(a) of this section shall be liable upon conviction to a fine or imprisonment for a term not exceeding five years or both.

(1) Any person who gains unauthorised access to any program or data held in a computer system commits an offence and shall be liable upon conviction to a fine or imprisonment for a term not exceeding three years, or both; (2) Access by a person to a computer system is unauthorised where the person is not entitled to control access of the kind in question and not authorized to access. (3) For the purpose of this section, it is immaterial that the unauthorised access is not directed at; (a) any particular program or data; (b) a program or data of any kind; or (c) a program or data held in any pa…

A person who, intentionally and without authorisation, discloses any password, access code, biometric authentication, token, two-factor authentication, multi-factor authentication or any other means of gaining access to any computer program or computer data held in any computer system for its production, sale, procurement for use, import or distribution commits an offence and shall be liable upon conviction to a fine or imprisonment for a term not exceeding five years, or both.

A person who: (a) intentionally uses somebody's identity over the internet in bad faith to profit, mislead or destroy reputation, if such identity is similar, undistinguishable, or confusingly similar to an existing name or description that belongs to another person or organ; (b) knowingly or wilfully, while not being a manufacturer of a computer system or an authorized agent of the manufacturer, changes computer system equipment identity or the process of accessing to it; (c) fraudulently or dishonestly makes use of the electronic signature, password or any other unique identification feature…

(1) A person who, without the express authorisation of the author or owner of the copyright; (a) attempts to use, publish or distribute another person's work for commercial purpose, through a computer system; (b) downloads movies, music files or pirated software applications for gain or against remuneration; or (c) posts a copyrighted work such as writing or graphics, online for gain or remuneration, commits an offence. (2) A person convicted under subsection (1) of this section, on; (a) a first conviction shall be liable to a fine or imprisonment for a term not exceeding two years; and (b) on…

(1) An administrator of an online account or platform upon receipt of a written notice or order from an authorised investigating or regulatory authority, takes reasonable steps to restrict or remove access to unlawful content specified in the notice within a prescribed period. (2) An administrator who fails to comply with subsection (1) of this section, commits an offence and shall be liable upon conviction to a fine or imprisonment for a term not exceeding five years, or both. (3) For the purpose of this section "undesirable content" includes any online content that; (a) is deceptive or inacc…

A person who intentionally, through a telecommunications network or any other means of transferring data to a computer, transfers, publishes, disseminates, makes available for distribution, intentionally downloading a digital depiction that is intimate or obscene, images or sound recording or video of another person without that person's consent, commits an offence and shall be liable upon conviction to a fine or imprisonment for a term not exceeding ten years, or both.

A person who, through a computer system or network, intentionally publishes, disseminates or makes available information that the person knows to be false or misleading, with the intent that the information be acted upon or regarded as authentic, and the publication results in or is likely to result in any of the following; (a) public panic, violence or serious public disorder; (b) economic loss; (c) damage to the reputation of any person or group of persons, commits an offence and shall be liable upon conviction to a fine or imprisonment for a term not exceeding five years or both.

A person who incites another person or group of persons based on race, color, descent, nationality, gender, ethnic origin or religion through a computer system to commit violence or discrimination against another person or group of persons commits an offence and upon conviction shall be sentenced to imprisonment for a term not exceeding ten years or a fine, or both.

A person who knowingly or intentionally; (a) initiates the transmission of unsolicited messages; (b) relays or retransmit unsolicited messages; or (c) falsifies header information in unsolicited messages; commits an offence and shall be liable upon conviction to a fine or imprisonment for a term not exceeding five years, or both.

A person who publishes or causes to publish pornographic photos, videos, books, magazines, films and other media through a computer system or any other information and communication technologies commits an offence and shall be liable upon conviction to a fine or imprisonment for a term not exceeding ten years, or both.

A person who, by means of a computer system, discloses or publishes a sexual photograph or film without the concept of the person who appears in the photographs or film, and with the intent of causing that person distress, commits an offence and shall be liable to a fine or imprisonment for a term not exceeding ten years, or both.

A person who intentionally uses electronic devices to pass communication that is deemed harmful, abusive, or inappropriate, potentially causing harm or distress to others, commits an offence and upon conviction shall be liable to a fine or imprisonment for a term not exceeding two years, or both.

A person who intentionally and repeatedly uses electronic communication to track or monitor with intent to harass or cause fear to another person commits an offence and upon conviction shall be liable to a fine or imprisonment for a term not exceeding four years, or both.

A person who, individually or with other persons, commits cyberbullying, commits an offence and shall be liable upon conviction to a fine or imprisonment for a term not exceeding ten years, or both.

A person who intentionally takes or makes use of a name, business name, trademark, domain name or other word or phrase registered, owned or in use by another person on the internet or any other computer network without consent commits an offence and upon conviction shall be liable to a fine or imprisonment for a term not exceeding three years, or both.

A person who intentionally accesses or causes to be accessed a computer system or network for the purpose of carrying out an act of terrorism, commits an offence and shall be liable upon conviction to a fine or imprisonment for a term not exceeding twenty years, or both.

A person who engages in cyber extortion commits an offence and shall be liable upon conviction to a fine or imprisonment for a term not exceeding ten years, or both.

A person who establishes, publishes or shares information using a computer or computer system for the purposes of trafficking human beings or facilitating such a transaction commits an offence and upon conviction shall be liable to a fine or imprisonment for a term not exceeding seven years, or both.

A person who creates, publishes or shares information using a computer or computer system for the purposes of trafficking in or distributing drugs or narcotics or facilitating such transaction commits an offence and upon conviction shall be liable to a fine or imprisonment for a term not exceeding ten years, or both.

A person who uses a computer or computer system to conduct espionage activities commits an offence and shall be liable upon conviction to a fine or imprisonment for a term not exceeding twenty years, or both.

A person who uses a computer or a computer system to engage in activities related to economic sabotage including, but not limited to, tax evasion, interference with revenue collection or its disbursement and money laundering commits an offence and upon conviction shall be liable to a fine or imprisonment for a term not exceeding seven years, or both.

A person who, engages in malicious or deliberate spread of viruses or any malware thereby causing damage to critical information in public, private or financial institution's computers commits an offence and shall be liable upon conviction to a fine or imprisonment for a term not exceeding three years or both.

A person who, individually or with other persons, makes use of a fake profile to cause harm, commits an offence and shall be liable upon conviction to a fine or imprisonment for a term not exceeding five years, or both.

A person who, intentionally and without authorisation, causes loss of property to another person by; (a) any input, alteration, deletion, delaying transmission or suppression of computer data; or (b) any interference with the functioning of a computer system, to procure on their behalf or on behalf of another person, any form of advantage, commits an offence and shall be liable upon conviction to a fine three times the value of undue advantage received, whichever is greater, or imprisonment for a term not exceeding ten years, or both.

(1) A person who, intentionally and without authorisation, inputs, alters, deletes, or suppresses computer data, resulting in inauthentic data, with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless of whether or not the data is directly readable and intelligible, commits an offence and shall be liable upon conviction to a fine three times the value of undue advantage received, whichever is greater, or imprisonment for a term not exceeding ten years, or both. (2) A person who performs the acts described under this subsection (1) of this secti…

A person who intentionally uses a computer system, electronic communication, or any digital platform to threaten, insult, demean, or otherwise cause psychological distress, fear, or emotional harm to another person, commits an offence and upon conviction shall be liable to a fine or imprisonment for a term not exceeding five years, or both.

A person who intentionally accesses or causes access to a computer system, computer program, data, or network without lawful authority or permission commits an offence and upon conviction shall be liable to a fine or imprisonment for a term not exceeding ten years, or both.

A person who intentionally initiates, carries out, or attempts to carry out a cyberattack against a computer system, computer network, data, or critical information infrastructure, including through malware, viruses, denial-of-service attacks, ransomware, or any other harmful technological means, commits an offence and upon conviction shall be liable to a fine or imprisonment for a term not exceeding fifteen years, or both.

A person who intentionally and without lawful authority accesses, attempts to access, interferes with, or causes any form of unauthorized intrusion into the information system, database, network, or digital infrastructure of any Government Institution of the Republic of South Sudan, commits an offence and upon conviction shall be liable to a fine or imprisonment for a term not exceeding twenty years, or both.

A person who intentionally creates, registers, or operates a fake email address, website, social media account, or any other electronic account for the purpose of impersonation, deception, fraud, or misleading the public commits an offence and, upon conviction, shall be liable to a fine or imprisonment for a term not exceeding five years, or both.

A person who intentionally accesses, tampers with, alters, manipulates, or interferes with any electronic payment device, including point-of-sale (POS) machines, mobile money terminals, ATMs, or any digital financial transaction system without authorization, commits an offence and upon conviction shall be liable to a fine or imprisonment for a term not exceeding seven years, or both.

A person who contravenes a section of this Act for which a penalty is not provided commits an offence and shall be liable upon conviction to a fine or imprisonment for a term not exceeding five years, or both.

Any offence under this Act is an extraditable crime for which extradition may be granted or obtained under the applicable law for extradition.