MISA applauds government over Cyber Security Bill withdrawal

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MISA applauds government over Cyber Security Bill withdrawal
MISA applauds government over Cyber Security Bill withdrawal

Africa-Press – Lesotho. The Parliament’s Portfolio Committee has withdrew the Computer Crime and Cyber Security Bill of 2021, urging the Minister of Communications, Science and Technology Hon.

Tsoinyane Rapapa to go back and revisit the bill. The Media Institute of Southern Africa (MISA) Lesotho has thus applauded the parliament for its decision.

“MISA Lesotho applauds the Portfolio Committee on the Prime Minister’s Ministries and Departments, Governance, Foreign Relations and Information Cluster for a commendable decision to dismiss the bill that had sparked outrage among the Basotho populace, especially stakeholders who had not been consulted when the bill was promulgated by the Ministry,” MISA said in a statement.

According to the former MISA Lesotho Chairperson Boitumelo Koloi, the bill was tabled by the former Minister of Communications, Science and Technology Hon. Keketso Sello during his reign in the office.

Stating reasons for standing by the parliament’s decision, Koloi said there were no engagements or consultations made with the institute, despite its role to advocate and fight for media rights.

“As MISA Lesotho, we should make it clear that the ministry or LCA (Lesotho Communications Authority) is bound by constitution of Lesotho 1993 section 20 to demand the public’s participation on all matters that affect them,” he said. Koloi said on June 3rd, Hon. Rapapa gazetted Subscriber Identity and Mobile Registration regulations of 2021.

He said the regulations require all citizens and non-citizens using mobile phones in Lesotho to have their personal information banked with the LCA and accessed by security agencies without their consent, saying that is direct violation of their rights to privacy and freedom of expression, among others.

Koloi further said both of these documents have been tabled before the parliament by the current Minister, also without inviting MISA’s comments or participation. He denied the statement presented before the parliament that MISA Lesotho was consulted in the creation of these documents.

He said; “After we raised concerns on the matter through radio stations and social media platforms, the ministry then offered an opportunity to meet the Portfolio Committee and make an input on the bill,” Koloi added. On June 7th 2021, MISA Lesotho presented its submission before the said committee.

Among the findings presented by MISA Lesotho were that the bill combines two sets of crimes, which may lead to a law that is vague and difficult to implement as one of the sets may not receive clear description or there may be conflation, also unclear description of illegal access may give law enforcement agencies during implementation, unwarranted powers to an extent that they infringe on freedom of expression of opinion enjoyed by members of society as access to information ordinarily may be deemed as illegal.

Lack of clarity on what illegal access means and its provision may affect media freedom as their access to information that may ordinarily be in the public domain or has to be accessed by the media may be deemed illegal.

MISA further noted in their press statement that the bill is shallow on explaining cyber extortion and this may make it difficult for law enforcement agencies when implementing the law.

“It is silent on the ill-intended usage of mobile phone applications to create nude scenes or access internet for purposes of exposing sexually-explicit material and distributed over social media platforms.

Penalties for wrongdoing, which the bill metes out are not proportionate to the crimes committed and there is no clear criteria on how those penalties were determined,” the statement reads in pertinent part.

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