Understanding the Cybercrimes Act, 19 of 2020, and Pig Butchering Schemes in South Africa

The digital age has brought many benefits to South Africa, from easier access to information to the convenience of online transactions. However, it has also introduced significant challenges, particularly in the realm of cybercrime. To address these challenges, South Africa enacted the Cybercrimes Act, 19 of 2020 (the Act), a comprehensive piece of legislation designed to combat a wide range of cyber-related offenses. This law equips law enforcement with the necessary tools to effectively combat and prosecute various cyber offenses.

Key Provisions of the Cybercrimes Act

The Act addresses a broad spectrum of illegal activities, including:

1. Unlawful Access and interception (Section 2 and 3): The Act criminalises unauthorised access to a computer system or network. This includes hacking, where criminals infiltrate systems to steal data or cause disruptions. The Act further criminalises the unlawful interception of data. An example of interception is when a hacker uses a man-in-the-middle attack to intercept sensitive data sent between a user and an online banking website. In this scenario, the hacker positions themselves between the user and the bank’s server, capturing login credentials, personal identification numbers, or other sensitive financial data as it is transmitted.
2. Malware and Ransomware (Section 5 and 8): Any person who, with intent to deceive, misrepresents information using data, computer programs, or by interfering with data, storage mediums, or computer systems, resulting in actual or potential harm to another is guilty of cyberfraud. This includes the creation, distribution, and use of malicious software, including viruses and ransomware.
3. Phishing and Identity Theft (Sections 9): The Act criminalises the unlawful making of false date or computer programs, and the passings off of false data and computer programs with the intention to defraud. Examples of these acts include phishing, where criminals deceive victims into revealing personal or financial information, as well as identity theft, where someone’s personal details are stolen and used fraudulently.
4. Incitement and Hate speech (Section 14 and 15): The spread of hate speech and incitement to violence through digital platforms is also criminalised under the Act, reflecting South Africa’s commitment to maintaining social harmony and protecting individual rights
5. Cyber Harassment (Section 16): The Act also addresses online harassment, such as stalking, threats, and sharing intimate images without consent, offering protection against harmful online behaviour.

Penalties Under the Act

The Act imposes stringent penalties for those found guilty of cyber offences. For instance, someone convicted of unlawfully accessing a computer system can face up to five years in prison. Distributing malware can lead to a prison sentence of up to ten years, while aggravated offences under the Act will attract a sentence of up to 15 years imprisonment.

Pig Butchering Schemes: A Growing Threat

Among the various forms of cybercrime, the "pig butchering" scheme has emerged as a particularly concerning threat. Originating from a Chinese term that translates to “pig butchering,” this scam involves a long-term process where the victim is "fattened up" before being defrauded.

How Pig Butchering Schemes Work

These schemes typically unfold in several stages:

- Initial Contact: The scam often begins with an innocent interaction on social media, dating apps, or messaging platforms. Over time, the scammer builds a relationship with the victim, sometimes lasting weeks or even months.

- Trust Building: Gradually, the scammer gains the victim’s trust, often posing as a successful investor or entrepreneur. They share fabricated success stories and fake investment opportunities to build credibility.

- The Hook: Once trust is established, the scammer introduces the victim to a supposedly lucrative investment opportunity. The victim may be encouraged to make small initial investments, which often appear to yield quick returns. These early successes convince the victim to invest larger sums.

- The Butchering: Eventually, the scammer vanishes with the victim's money, leaving them in financial ruin. By this stage, the victim may have invested substantial amounts, believing in the legitimacy of the relationship and the investment.

Impact on Victims

Pig butchering schemes can be financially and emotionally devastating. Victims often lose significant amounts of money, sometimes their entire life savings. The emotional impact is equally severe, as the betrayal by someone they trusted can lead to psychological distress, including depression and anxiety.

The Role of the Act in Combating Pig Butchering Schemes

The Act plays a crucial role in addressing pig butchering schemes in South Africa. The Act encourages victims and organisations to report cybercrimes, including pig butchering schemes, to the authorities. This not only aids in the investigation and prosecution of these crimes but also helps raise public awareness and prevent future occurrences. Given the often cross-border nature of these schemes, the Act facilitates international cooperation in cybercrime investigations, allowing South African authorities to collaborate with their global counterparts.

Conclusion

The Act represents a significant advancement in South Africa's fight against cybercrime. However, the rise of sophisticated scams like pig butchering schemes underscores the need for ongoing vigilance and public awareness. With robust legal provisions and international cooperation, South Africa can better protect its citizens from these devastating cybercrimes.