Friday, December 4, 2020

No laws in Botswana to combat Internet crimes

Law enforcement agencies are not in a position to take action against individuals who upload nude pictures  on  social network site such as Facebook in Botswana.

Social network sites have been turned into ponographic sites by individuals who always post nude pictures of people.

In the past few weeks, the site was awash with South Africa socialite, Khanyi Mbau’s nude pictures on Facebook while this week there was another photograph of a nude woman, allegedly shot locally at Block 7.

A picture of a woman, labeled Witchcraft, Moloi, has been circulating on Facebook.

Botswana Police Service Public Relation Officer, Christopher Mbulawa, claimed ignorance on the matter, saying that he was not aware if circulating such pictures could amount to a criminal charge.

Onalethata Kambai, a lawyer with Bayford and Associates, also noted that that internet technology has superseded the legal development locally and internationally.

Kambai felt that internet technology was moving faster even if the law was to be adjusted to cope with the ever increasing challenges.

He noted that the internet is everywhere and goes beyond the borders and added that issues of territorial jurisdiction were the main hindrance in prosecuting those who have committed such an offence.

“If someone uploads a nude picture on the internet or social network while based in his country it will be difficult to try such person here,” said Kambai. “I have also met such scenario where people posted my picture while I was studying in the US. It is difficult to contain them because there is no law that prohibits people from uploading and circulating pictures on the internet.”

Kambai noted that it was difficult for the law enforcement agencies to investigate criminal activities that are committed outside the country.

He said that the police are bound to fail because they don’t have jurisdiction to investigate in those territories.

He also noted that the criminal law is silent when it comes to issues that are related to internet.
Kambai said that though Botswana was moving towards dealing with cyber crime, there are loopholes within the system but was hopeful that  countries are moving towards working together in addressing issues that are related to internet use.

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