Legislative instruments support social network platform user
| Electronic Communications Act | Cybersecurity Act | Data Protection Act, 2012 |
|---|---|---|
| Under Sections 74, 75 and 76 of the ECA, an individual can be jailed for “false and misleading” content online. The law defines “false or misleading” content as that which is sent by a person who “did not take reasonable steps to find out whether the communication was false, misleading, reckless or fraudulent”. Internet users who communicate such content to the NCA can receive a fine of up to 12,000 cedi ($2,000) and up to three years’ imprisonment, while those whose content is deemed a false distress signal or is likely to endanger the safety of a person or vehicle face a fine of 36,000 cedi ($6,100) and up to five years’ imprisonment | The Cybersecurity Act, 2020 also criminalizes the use of electronic platforms for the non-consensual sharing of intimate images and sexual extortion, with penalties of one to three years’ imprisonment for the former charge and 10–25 years for the latter | The Data Protection Act also established the Data Protection Commission (DPC), which regulates the processing of personal information. All companies and organisations that process data are required to register with the DPC, which maintains a register of entities that are qualified as data processors under the law |
| Internet users have also been prosecuted for their online activities under Section 208 of the Criminal Offences Act, 1960, which criminalizes the publication of statements “likely to cause fear and alarm to the public or to disturb the public peace” when the person who publishes it is “knowing or having reason to believe that the statement, rumour or report is false” | The government’s legal authority to control the provision of encryption technology. Section 49 requires a license issued by the CA to provide cybersecurity services, as well as a fee to be determined by the authority Under Section 76, a high court may compel a network operator to acquire tools and equipment necessary to decrypt information of a subscriber who is being investigated, at its own expense | |
| The ECA mandates all telecommunications operators keep the data of their subscribers for disclosure to the NCA | ||
| Under Section 99(3) of the Electronic Transactions Act, 2008, security forces with a court warrant may require a telecommunications operator to provide necessary information and access to facilitate the decryption of customer data in connection with the investigation of an offense |
| Electronic Communications Act | Cybersecurity Act | Data Protection Act, 2012 |
|---|---|---|
| Under Sections 74, 75 and 76 of the ECA, an individual can be jailed for “false and misleading” content online. The law defines “false or misleading” content as that which is sent by a person who “did not take reasonable steps to find out whether the communication was false, misleading, reckless or fraudulent”. Internet users who communicate such content to the NCA can receive a fine of up to 12,000 cedi ($2,000) and up to three years’ imprisonment, while those whose content is deemed a false distress signal or is likely to endanger the safety of a person or vehicle face a fine of 36,000 cedi ($6,100) and up to five years’ imprisonment | The Cybersecurity Act, 2020 also criminalizes the use of electronic platforms for the non-consensual sharing of intimate images and sexual extortion, with penalties of one to three years’ imprisonment for the former charge and 10–25 years for the latter | The Data Protection Act also established the Data Protection Commission (DPC), which regulates the processing of personal information. All companies and organisations that process data are required to register with the DPC, which maintains a register of entities that are qualified as data processors under the law |
| Internet users have also been prosecuted for their online activities under Section 208 of the Criminal Offences Act, 1960, which criminalizes the publication of statements “likely to cause fear and alarm to the public or to disturb the public peace” when the person who publishes it is “knowing or having reason to believe that the statement, rumour or report is false” | The government’s legal authority to control the provision of encryption technology. Section 49 requires a license issued by the CA to provide cybersecurity services, as well as a fee to be determined by the authority | |
| The ECA mandates all telecommunications operators keep the data of their subscribers for disclosure to the NCA | ||
| Under Section 99(3) of the Electronic Transactions Act, 2008, security forces with a court warrant may require a telecommunications operator to provide necessary information and access to facilitate the decryption of customer data in connection with the investigation of an offense |
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