118
GENERAL OBLIGATIONS OF ELECTRONIC COMMUNICATIONS SERVICE
PROVIDERS AND LIABILITY
General obligations of electronic communications service providers and liability
64.
(a)
(1)
An electronic communications service provider must—
take reasonable steps to inform its clients of cybercrime trends which affect or
may affect the clients of such an electronic communications service provider;
(b)
establish procedures for its clients to report cybercrimes with the electronic
communications service provider; and
(c)
inform its clients of measures which a client may take in order to safeguard
himself or herself against cybercrime.
(2)
An electronic communications service provider that is aware or
becomes aware that its computer network or electronic communications network is
being used to commit an offence provided for in this Act must—
(a)
immediately report the matter to the National Cybercrime Centre; and
(b)
preserve any information which may be of assistance to the law enforcement
agencies in investigating the offence, including information which shows the
communication‟s origin, destination, route, time date, size, duration and the type
of the underlying services.
(3)
An electronic communications service provider which fails to
comply with subsection (1) or (2), is guilty of an offence and is liable on conviction to a
fine of R10 000, for each day on which such failure to comply, continues.
(4)
The Cabinet member responsible for policing, in consultation with
the Cabinet member responsible for the administration of justice, must make regulations
regulating the manner in which an electronic communications service provider must
report the use of its computer network or electronic communications network to commit
an offence, to the National Cybercrime Centre.