BILL ii

Supplement to the Sierra Leone Extraordinary Gazette Vol. CXLXI, No. 27

21. Trans-border access to stored computer data.
dated 11th May, 2020 22. Mutual assistance in real time collection of traffic data.
23. Mutual assistance regarding interception of content data.
THE CYBERCRIME ACT, 2020 24. Point of contact.
ARRANGEMENT OF SECTIONS PART V- OFFENCES
25. Unauthorised access.
Section. 26. Unauthorised access to protected system.
27. Unauthorised data interception.
PART 1–PRELIMINARY 28. Unauthorised data interference.
29. Unauthorised system interference.
1. Definitions. 30. Misuse of device.
31. Computer-related forgery.
PART II - CRITICAL NATIONAL INFORMATION INFRASTRUCTURE 32. Computer fraud.
2. Designation of certain computer systems as Critical National Information 33. Identity theft and impersonation.
Infrastructure. 34. Electronic signature.
3. Audit and inspection of Critical National Information Infrastructure. 35. Cyber stalking and cyber bullying.
36. Cyber Squatting.
PART III - POWERS AND PROCEDURES 37. Infringements of copyright and related rights.
4. Scope of powers and procedures. 38. Online child sexual abuse.
5. Search and seizure of stored computer data. 39. Attempting and aiding or abetting.
6. Record of and access to seized data. 40. Registration of cybercafé.
7. Production order. 41. Cyber terrorism.
8. Expedited preservation and partial disclosure of traffic data. 42. Racist and xenophobic offences.
9. Real-time collection of traffic data. 43. Reporting of cyber threats.
10. Interception of content data. 44. Breach of confidence by service providers.
11. Confidentiality and limitation of liability. 45. Employees responsibility.
12. Territorial jurisdiction. 46. Corporate liability.
PART IV - INTERNATIONAL COOPERATION PART VI - ADMINISTRATION AND ENFORCEMENT
13. Spontaneous information. 47. Co-ordination and enforcement.
14. Powers of the Attorney-General. 48. Establishment of the National Cybersecurity Advisory Council.
15. Authority to make and act on mutual assistance requests. 49. Functions and powers of the Council.
16. Extradition. 50. Establishment of National Cybersecurity Fund.
17. Confidentiality and limitation of use.
18. Expedited preservation of stored computer data. PART VII -MISCELLANEOUS PROVISIONS
19. Expedited disclosure of preserved traffic data.
51. Regulations.
20. Mutual assistance regarding accessing of stored computer data.
No. 2020

Sierra Leone

THE CYBERCRIME ACT, 2020

Being an Act to provide for the prevention of the abusive use of Short title.
computer systems; to provide for the timely and effective collection
of electronic evidence for the purpose of investigation and
prosecution of cybercrime; to provide for the protection of Critical
National Information Infrastructure; to provide for facilitation of
international cooperation in dealing with cybercrime matters and to
provide for other related matters.

[ ]

ENACTED by the President and Members of Parliament in this Date of com-

mencement.
present Parliament assembled.
2 No. The Cyber Crime Act 2020 No. The Cyber Crime Act 2020 3

PART I – PRELIMINARY (b) the existence or identity of a confidential

source of information relating to the
Definitions. 1. In this Act, unless the contrary intention appears - enforcement of the criminal law;

"computer data" means any representation of facts, (c) the provision of services directly related to
information or concepts in a form suitable for communications, infrastructure, banking and
processing in a computer system, including a program financial services, public utilities, public
suitable to cause a computer system to perform a transportation or public key infrastructure;
function; or

"computer data storage medium" means any device, (d) the protection of public safety including
physical or virtual, containing or designed to system related to essential emergency
contain, or enabling or designed to enable storage services;
of data, whether available in a single or distributed
"encrypted data" means data which has been
form for use by a computer;
transformed from its plain text version to an
unintelligible format, regardless of the technique
"computer system" means any physical or virtual utilised for such transformation and irrespective of
device, or any set of associated physical or virtual the medium in which such data occurs or can be
devices; or a group of interconnected or related found, for the purposes of protecting the content
devices, one or more of which, pursuant to a program, of such data;
performs automatic processing of data at least one
"extradite or prosecute" means the legal obligation
of which use electronic, magnetic, optical or other
of states under public international law to prosecute
technology, to perform logical, arithmetic storage and persons who commit serious international crimes
data or which perform control functions on physical where no other state has requested extradition;
or virtual devices including mobile devices and
reference to a computer system includes a reference "interference" means any impairment to the
to part of a computer system; confidentiality, integrity or availability of a computer
system, or any program or data on a computer system,
or any act in relation to a computer system which
"Critical National Information Infrastructure" means
impairs the operation of the computer system,
computer systems that are necessary for the program, or data;
continuous delivery of essential services that Sierra
Leone relies on, the loss or compromise of which “Minister” means the Minister responsible for
will lead to a debilitating impact on - Information and Communications;
"modification" means, in relation to a computer system,
(a) the security, defence or international program or data, the alteration or modification with
relations of Sierra Leone; respect to the contents of a computer system by the
operation of a function of the computer system or
any other computer if -
4 No. The Cyber Crime Act 2020 No. The Cyber Crime Act 2020 5

(a) a program or data held in the computer (a) the type of communication service used, the
system is altered or erased; technical provisions taken thereto and the
period of service;
(b) a program or data is added to its contents;
or (b) the subscriber's identity, postal, geographic,
electronic mail address, telephone and other
(c) an act occurs which impairs the n o r m a l
access number, billing and payment
operation of a computer system,
information available on the basis of a service
agreement or arrangement; or
and any act which contributes towards causing such
alteration or modification shall be deemed to have
(c) any other information on the site of an
caused it;
installation of communication equipment
available on the basis of a service agreement
"person" includes a natural person, a corporation,
or arrangement;
company, partnership, firm, association or societies.
"traffic data" means computer data relating to a
"plain text version" means original data before it has
communication by means of a computer system,
been transformed into an unintelligible format.
generated by a computer system that formed a part
in the chain of communication, indicating the
"program or computer program" means computer data
communication's origin, destination, route, time,
representing instructions or statements that, when
date,size, duration or the type of underlying service;
executed in a computer system, causes the computer
system to perform a function;
"unauthorised" means access of any kind, to a
computer system, program or data, by a person who
"service provider" means a public or private entity
-
that provides to users of its services the means to
communicate by use of a computer system including (a) is not entitled to access that computer
any other entity that processes or stores computer system, program or data; and
data on behalf of that entity or its users;
(b) does not have or exceeds the level of
"subscriber information" means any information authorisation consented to by the person
contained in the form of data or any form that is held entitled to grant such consent, for the
by a service provider, relating to subscribers of its particular kind or type of access with respect
services, other than traffic data or content data, by to that computer system, program or data:
which can be established-
Provided that any act or access in exercise of powers under the Act
shall not be deemed to be unauthorised.
6 No. The Cyber Crime Act 2020 No. The Cyber Crime Act 2020 7

PART II-CRITICAL NATIONAL INFORMATION 3. A Presidential Order made under subsection (1) of section Audit and
INFRASTRUCTURE 2 may require the National Computer Security Incidence Response inspection
of Critical
Teamestablished by the coordinating body under paragraph (c) of National
Designation 2. (1) The President may, on the recommendation of the
of Critical subsection (1) of section 47 to audit and inspect any Critical National Informa tion
Minister by Order published in the Gazette, designate certain computer Information Infrastructure at any time to ensure compliance with this Infrastructure.
National
Informa tion systems, computer data or traffic data vital to Sierra Leone or any
Act.
Infrastructure. combination of those matters, as constituting Critical National
Information Infrastructure.
PART III - POWERS AND PROCEDURES
(2) A Presidential Order made under subsection (1), may
4. (1) Powers and procedures under this Act shall be Scope of
prescribe minimum standards, guidelines, rules or procedures in powers and
respect of - applicable to and may be exercised with respect to - procedures.

(a) the protection or preservation of Critical (a) criminal offences under this Act;
National Information Infrastructure;
(b) criminal offences committed by means of a
(b) the general management of Critical National
computer system, including mobile phones
Information Infrastructure;
and other electronic equipment, under any
(c) access to, transfer and control of data in other law; and
Critical National Information Infrastructure;
(c) the collection of evidence in electronic form
(d) infrastructural or procedural rules and of a criminal offence under this Act or any
requirements for securing the integrity and other law.
authenticity of data or information contained
in any designated Critical National (2) In a trial of an offence under any law, the fact that
Information Infrastructure; evidence has been generated, transmitted or seized from or identified
in a search of a computer system, shall not of itself prevent that
(e) the storage or archiving of data or information evidence from being presented, relied upon or admitted.
designated as Critical National Information
Infrastructure; 5. (1) Upon an application by a police officer or other Search and
seizure of
authorised person to a Judge of the High Court that there is reasonable stored
(f) recovery plans in the event of disaster, breach grounds to believe that there may be in a specified computer system, computer
or loss of the Critical National Information program, data, computer data storage medium material which - data.
Infrastructure or any part of it; and
(a) may be reasonably required as evidence in
(g) any other matter required for the adequate proving a specifically identified offence in a
protection, management and control of data criminal investigation or criminal
and other resources in any Critical National proceedings;
Information Infrastructure.
8 No. The Cyber Crime Act 2020 No. The Cyber Crime Act 2020 9

(b) has been acquired by a person as a result of (h) have access to such reasonable technical and
the commission of an offence, other assistance as he may require for the
purposes of the warrant.
the Judge may issue a warrant which shall authorise the police officer
(3) An application under subsection (1) shall provide
or other authorised person, with such assistance as may be necessary,
reasons explaining why it is believed that -
to access, seize or secure a specified computer system, program, data
or computer data storage medium.
(a) the material sought will be found on the
premises to be searched; or
(2) A warrant issued under subsection (1) shall authorise
a police officer or other authorised person to -
(b) the purpose of a search may be frustrated or
seriously prejudiced unless an investigating
(a) seize or secure a computer system or part of
officer arriving at the premises can secure
it or a computer-data storage medium;
immediate entry to them.
(b) make and retain a copy of computer data;
(4) Where a police officer or other authorised person
(c) maintain the integrity of stored computer authorised to search or access a specific computer system or part of
data; it, under subsection (2), has grounds to believe that the data sought
is stored in another computer system and such data is accessible
(d) render inaccessible or remove computer data
from or available to the initial system, the police officer or other
in the accessed computer system;
authorised person may extend the search or accessing to such other
(e) have access to, inspect and check the system or systems.
operation of a computer system to which the
warrant applies; (5) Computer data seized under subsection (2) shall only
be lawfully used for the purpose for which it was originally obtained.
(f) have access to any information, code or
technology which has the capability of
unscrambling encrypted data contained or (6) A police officer or other authorised person shall -
available to a computer system into an
intelligible format for the purpose of the (a) only seize a computer system under sub-
warrant; section (2) when it is -

(g) require a person possessing knowledge (i) not practical to seize or secure the
about the functioning of a computer system computer data; or
or measures applied to protect a computer
data therein, to provide the necessary
computer data or information, to enable a (ii) necessary to ensure that data will not
police officer or other authorised person in be destroyed, altered or otherwise
conducting an activity authorised under this interfered with;
section;
10 No. The Cyber Crime Act 2020 No. The Cyber Crime Act 2020 11

(b) exercise reasonable care while the computer to access and copy computer data on the system or give such person
system or computer data storage medium is a copyof the computer data.
retained.
(3) A police officer or other authorised person may refuse
(7) A police officer or other authorised person who to give access to or provide copies seized under subsection (2) if he
misuses the powers granted under this section commits an offence has reasonable grounds to believe that giving access to or providing
and is liable on conviction to such fine or term of imprisonment as the copies would-
Minister may, by Regulation made under this Act, prescribe.
(a) constitute a criminal offence; or
(8) A person who obstructs a police officer or other
authorised person in the lawful exercise of the powers under this (b) prejudice -
section commits an offence and is liable on conviction to such fine or
term of imprisonment as the Minister may, by Regulation made under (i) an investigation; or
this Act, prescribe.
(ii) any prosecution:
Record of 6. (1) Where a computer system or data has been removed
and access or rendered inaccessible, following a search or seizure, the person .
to seized who made the search or seizure shall, at the time of the search or (4) Notwithstanding subsection (3), a Judge of the High
data.
seizure or as soon as practicable after the search - Court may, upon sufficient and reasonable grounds, allow a person
under subparagraph (a) or (b) of subsection (2) to access or copy
computer data.
(a) make a list of what has been seized or
rendered inaccessible, with the date and time 7. (1) Where it is necessary or desirable for the purposes of Production
of seizure; and an investigation, a Judge of the High Court may upon an application order.
by a police officer or other authorised person, order -
(b) give a copy of that list to -
(a) a person in possession or control of specified
(i) the occupier of the premises; or data stored in a computer system or a
computer data storage medium; or
(ii) the person in control of the computer
system. (b) a service provider in possession or control
of specified subscriber information relating
(2) Subject to subsection (3), a police officer or other to services offered -
authorised person shall, on request, permit a person -
(i) in Sierra Leone; or
(a) who has custody or control of a computer
system,
(ii) based outside Sierra Leone but, offering
(b) who has right to data or information seized its services in Sierra Leone;
under subsection (2) of section 5; or
to submit information in his possession or control.
(c) acting on behalf of a person under
subparagraph (a) or (b),
12 No. The Cyber Crime Act 2020 No. The Cyber Crime Act 2020 13

(2) For the purposes of this section, "subscriber (6) An application under subsection (1) shall state the
information" means any information contained in the form of data or reasons explaining why it is believed that -
any form that is held by a service provider, relating to subscribers of
its services, other than traffic data or content data, by which can be (a) a specified computer data sought is likely to
established - be available with a person mentioned in
(a) the type of communication service used, the subparagraph (a) or (b) of subsection (1);
technical provisions taken thereto and the
period of service; (b) an investigation may be frustrated or
seriously prejudiced unless the specified
(b) the subscriber's identity, postal, geographic, computer data or the subscriber information,
electronic mail address, telephone and other as the case may be, is produced;
access number, billing and payment
information available on the basis of the (c) the type of evidence suspected is likely to be
service agreement or arrangement; or produced by a person mentioned in
subparagraph (a) or (b) of subsection (1);
(c) any other information on the site of the
installation of communication equipment (d) subscribers, users or unique identifiers who
available on the basis of the service are the subject of an investigation or
agreement or arrangement. prosecution, may be disclosed as a result of
the production of the specified computer
(3) A Judge of the High Court may, by order, require a data;
person -
(e) an identified offence is an offence in respect
(a) to whom an order is made under subsection
of which the order is sought;
(1), or
(b) in control of a computer system, to whom a (f) measures taken shall prepare and ensure that
warrant issued under subsection (1) of the specified computer data will be produced
section 5; -

to keep such order or warrant confidential. (i) whilst maintaining the privacy of other
users, customers and third parties; and
(4) A person who fails to comply with an order under
subsection (1) commits an offence and is liable on conviction to such (ii) without the disclosure of data of any
fine or term of imprisonment as the Minister may, by Regulation made party who is not part of the
under this Act, prescribe.
investigation; and
(5) A police officer or other authorised person who uses
the powers granted under subsection (1) for a purpose other than (g) measures taken shall prepare and ensure that
that stated in subsection (6) commits an offence and is liable on the production of the specified computer data
conviction to such fine or term of imprisonment as the Minister may, is carried out through technical means such
by Regulation made under this Act, prescribe.
14 No. The Cyber Crime Act 2020 No. The Cyber Crime Act 2020 15

as mirroring or copying of relevant data and (a) an investigation or prosecution;

not through physical custody of computer
systems or devices. (b) avoiding a risk or vulnerability that the
computer data may be modified, lost,
Expedited 8. (1) A police officer or other authorised person may, where
preservation destroyed or rendered inaccessible; or
and partial he is satisfied that -
disclosure of (c) averting overly burdensome cost of such
traffic data. (a) a specified computer data stored in a preservation on the person in control of the
computer system or computer data storage computer system.
medium is reasonably required for the
purposes of a criminal investigation; and (5) A person to whom a notice under subsection (1) is
given shall-
(b) there is a risk or vulnerability that the
computer data may be modified, lost, (a) be responsible to preserve the data for -
destroyed or rendered inaccessible,
(i) a period not exceeding 90 days as
by written notice given to a person in possession or control of the specified in subsection (3); or
computer system or computer data storage medium, require that
person to undertake expeditious preservation of the computer data. (ii) any extended period permitted by a
Judge of the High Court under
(2) A notice under subsection (1) may require a person in
possession or control of the computer system or computer data subsection (4).
storage medium to disclose sufficient traffic data about the
communication to identify- (b) respond expeditiously to requests for
assistance, whether to facilitate requests for
(a) the service providers; and police assistance or mutual assistance
requests, and
(b) the path through which the communication
was transmitted. (c) disclose as soon as practicable, a sufficient
amount of the non-content data to enable a
(3) The period of preservation of data required under police officer or other authorised person to
subsection (1) shall not exceed 90 days. identify any other telecommunications
providers involved in the transmission of the
(4) The period of preservation of data under subsection communication.
(3) may be extended by a Judge of the High Court for a further specified
9. (1) Where there are reasonable grounds to believe that Real-time
period of time, on an application by a police officer or other authorised collection of
person, where such extension is reasonably required for the purposes traffic data associated with specified communications is reasonably
traffic data.
of - required for the purposes of a specific criminal investigation, a Judge
of the High Court may, on an application by a police officer or other
authorised person, order a service provider to-
16 No. The Cyber Crime Act 2020 No. The Cyber Crime Act 2020 17

(a) collect or record traffic data in real-time; and (a) a traffic data sought will be available with the
person in control of the computer system;
(b) provide specified traffic data to the police
officer or other authorised person. (b) a type of traffic data suspected will be found
on that computer system;
(2) An Order for the real-time collection or recording of
traffic data under sub-section (1) shall not be for a period beyond (c) the subject of an investigation or prosecution
what is absolutely necessary and in any event not for more than 90 may be found on that computer system;
days.
(d) an identified offence is an offence in respect
(3) A period of real-time collection or recording of traffic of which the order is sought;
data under subsection (2) may be extended by a Judge of the High
Court for a further specified period of time, on an application by a (e) measures shall be taken to maintain the
police officer or other authorised person, where the extension is
reasonably required for the purposes of - privacy of other users, customers and third
parties; and
(a) an investigation or prosecution;
(f) there will be no disclosure of data of any party
not part of the investigation.
(b) further real-time collection or recording of
traffic data necessary to achieve the purpose
for which the Order under sub-section (1) was (5) A Judge of the High Court may also require a service
made; provider to keep confidential, an Order under subsection (1) and a
warrant issued under subsection (1) of section 5.
(c) ensuring that the real-time collection or
recording of traffic data is carried out whilst (6) A service provider who fails to comply with an Order
maintaining the privacy of other users, under subsection (1) commits an offence and is liable on conviction
to such fine or term of imprisonment as the Minister may, by
customers and third parties and without the Regulation made under this Act, prescribe.
disclosure of information and data of any
party not part of the investigation; 10. (1) Where there are reasonable grounds to believe that Interception
the content of a specifically identified electronic communication is of content
(d) preventing the investigation of being reasonably required for the purposes of a specific investigation in data.
frustrated or seriously prejudiced; and respect of a serious offence, a Judge of the High Court may, on an
application by a police officer or other authorised person, order a
service provider to-
(e) averting overly burdensome cost of such
extension on the person in control of the (a) collect or record; or
computer system.
(b) co-operate and assist a competent authority
(4) An application under subsection (1) shall state
in the collection or recording of,
reasons explaining why it is believed that -
18 No. The Cyber Crime Act 2020 No. The Cyber Crime Act 2020 19

content data of specified communication within the jurisdiction (4) A period of real-time collection or recording of content
transmitted by means of a computer system, in real-time. data under subsection (3) may be extended by a Judge of the High
Court for a further specified period of time, on an application by a
(2) An Order for the real-time collection or recording of police officer or other authorised person, where the extension is
content data under sub-section (1) shall not be for a period beyond reasonably required for the purposes of -
90 days.
(a) an investigation or prosecution;
(3) An application under subsection (1) shall state
reasons explaining why it is believed that - (b) achieving the objective for which the warrant
is to be issued;
(a) the content data sought will be available with
the person in control of the computer system;
(c) ensuring that the real-time collection or
(b) the type of content data suspected will be recording of content data is carried out whilst
found on a computer system; maintaining the privacy of other users,
customers and third parties and without the
(c) an identified offence is the offence for which disclosure of information and data of any
the warrant is sought; party not part of the investigation;
(d) further disclosures are needed to achieve
(d) preventing an investigation from being
the purpose for which the warrant is to be
frustrated or seriously prejudiced; and
issued, where authority to seek real-time
collection or recording on more than one
(e) averting overly burdensome cost of such real-
occasion is needed;
time recording and collection on the person
(e) measures taken shall ensure that the real-time in control of the computer system.
collection or recording is carried out whilst
maintaining the privacy of other users, (5) A Judge of the High Court may also require a service
provider to keep confidential, an order made under subsection (1)
customers and third parties without the and a warrant issued under subsection (1) of section 5.
disclosure of information and data of any
party not part of the investigation; (6) A service provider who fails to comply with an order
under subsection (1) commits an offence and is liable on conviction
(f) the investigation may be frustrated or to such fine or term of imprisonment as the Minister may, by
seriously prejudiced unless the real time Regulation made under this Act, prescribe.
collection or recording is permitted; and
11. (1) A service provider shall not be subject to civil or Confidentiality
criminal liability, unless it is established that the service provider - and
(g) to achieve the purpose for which the warrant limitation
is being applied, real time collection or of liability.
(a) had actual notice, actual knowledge or willful
recording by a person in control of a
and malicious intent and not merely through
computer system is necessary.
omission or failure to act; or
20 No. The Cyber Crime Act 2020 No. The Cyber Crime Act 2020 21

(b) had facilitated, aided or abetted the use by (a) assist the foreign state in initiating or
any person of a computer system controlled carrying out an investigation or prosecution;
or managed by the service provider in or
contravention of this Act or any other
law. (b) lead to a request for co-operation by a foreign
state.
(2) A service provider shall not be liable under this Act or
any other law for - (2) Information provided under subsection (1), may be
subject to such conditions including confidentiality, as the Attorney
(a) maintaining and making his services
-General may require.
available; or

(b) the disclosure of any data or other (3) Where a foreign state cannot comply with conditions
information to the extent required or in required under subsection (2), it shall notify the Attorney-General,
compliance with the exercise of powers under who shall determine whether the information should nevertheless be
this Act. provided and where the foreign state accepts the information subject
to the conditions, it shall be bound by them.
Territorial 12. (1) The High Court shall have jurisdiction over any
jurisdiction. Powers of
violation of this Act, including any violation committed by a Sierra 14. (1) The Attorney-General may cooperate with any foreign
the
Leone national regardless of the place of commission. state or international agency for the purpose of - Attorney-
General.
(2) The Jurisdiction of the High Court under subsection (a) investigating or prosecuting offences under
(1), shall lie if an offence under this Act was committed - this Act; or

(a) within Sierra Leone; (b) collecting electronic evidence related to an

offence punishable under the laws of Sierra
(b) with the use of a computer system wholly or Leone.
partly situated in Sierra Leone; or
(2) The Attorney-General shall communicate directly with
(c) when by such commission, damage is caused the appropriate authority of a foreign state responsible for sending,
to a natural or juridical person who, at the answering, executing or transmitting requests for mutual assistance
time the offence was committed, was in Sierra or extradition.
Leone.
(3) Notwithstanding subsection (2), in case of urgency,
PART IV - INTERNATIONAL COOPERATION requests may be sent directly from judicial authority to judicial
authority, provided that the appropriate authority of the requested
Spontaneous 13. (1) The Attorney-General may, subject to this Act and state is notified by the appropriate authority of the requesting state.
information.
without prior request, forward to a foreign state, information
obtained under this Act, where he considers that the disclosure of (4) For urgent request or communication, the
such information may- International Police Organisation network may be used.
22 No. The Cyber Crime Act 2020 No. The Cyber Crime Act 2020 23

15. (1) The Attorney-General may make requests on behalf (5) The Attorney-General shall promptly inform a foreign
Authority to
make and act of Sierra Leone to a foreign state for mutual assistance in an state of -
on mutual investigation commenced or prosecution instituted in Sierra Leone, (a) the outcome of the execution of a request
assistance
relating to a computer related offence or collection of electronic for mutual assistance;
requests.
evidence.
(b) any reason that renders impossible, the
(2) The Attorney-General may, in respect of a request execution of a request for mutual assistance
from a foreign state for mutual assistance in an investigation or is likely to delay it significantly; or
commenced or prosecution instituted in that state -
(c) any reason for refusal or postponement of a
(a) grant the request, in whole or in part, on such request for mutual assistance.
terms and conditions as may be deemed
necessary; (6) A foreign state may request that Sierra Leone keeps
confidential the fact of any request for mutual assistance, except to
(b) refuse the request on such conditions as he the extent necessary for its execution and if Sierra Leone cannot
deems necessary; or comply with the request for confidentiality, it shall promptly inform
the foreign state, which shall then determine whether the request
(c) postpone a request, in whole or in part, after should nevertheless be executed.
consulting with the appropriate authority of
the foreign state, on the ground that granting 16. (1) This Act complements the Extradition Act, 1974 (Act Extradition.
the request would be likely to prejudice the No. 11 of 1974) which makes provision for the extradition of persons
conduct of an investigation or prosecution accused or convicted of an offence in another country.
in Sierra Leone.
(2) Extradition shall not be requested for an offence
(3) Mutual assistance requests under this section shall unless it is an offence in both the foreign state and in Sierra Leone.
be effectuated-
(a) in accordance with the procedures specified (3) An offence under this Act shall be extraditable if the
by a foreign state, except where it is penalty imposed is imprisonment for a term of not less than one
incompatible with the laws of Sierra Leone; year or a fine equivalent to the penalty of one year imprisonment.
or
(4) Extradition will be subject to the conditions provided
(a) where the conduct alleged does not
for by the law of the foreign state or applicable extradition treaties,
constitute a crime in both the foreign state
including the grounds on which the foreign state may refuse
and in Sierra Leone.
extradition.
(4) The Attorney-General shall, where appropriate, before
(5) In line with the extradite or prosecute principle, where
refusing or postponing assistance, after having consulted with the
extradition is refused on the sole basis of-
foreign state, consider whether the request may be granted partially
or subject to such conditions, as he deems necessary.
24 No. The Cyber Crime Act 2020 No. The Cyber Crime Act 2020 25

(a) the nationality of the person sought to be (f) intention to submit a request for mutual
extradited; or assistance for the search, access, seizure,
security, or disclosure of the stored computer
(b) Sierra Leone having jurisdiction over the data.
offence,
(3) Upon receiving a request under subsection (1), the
the investigation or prosecution shall be conducted and the matter Attorney-General shall take all appropriate measures to expeditiously
reported to the foreign state. preserve the specified data in accordance with the procedures and
powers under this Act.
Confidentiality 17. Where there is no mutual assistance treaty or arrangement
and limita- in force between a foreign state and Sierra Leone, Sierra Leone shall (4) A request under subsection (1) shall be effected where
tion of use. the conduct alleged does not constitute a crime in both the foreign
make the supply of information in response to a request on condition
that it is- state and in Sierra Leone.
(a) kept confidential; or
(5) A preservation of data effected in response to a
request under subsection (1) shall be for a period not less than 90
(b) used only for investigations or prosecutions
days, in order to enable the foreign state, to submit a request for the
stated in the request. search, access, seizure, securtiy or disclosure of the data and following
the receipt of such a request, the data shall continue to be preserved
Expedited 18. (1) A foreign state may request or obtain the expeditious until a final decision is taken on that pending request.
preservation preservation of data stored by means of a computer system, located
of stored within Sierra Leone, in respect of which it intends to submit a request
computer 19. (1) Where during the course of executing a request under Expedited
data. for mutual assistance, for the search, access, seizure, security or section 18, with respect to a specified communication, it is discovered disclosure of
disclosure of the data. that a service provider in another state was involved in the preserved
transmission of the communication, the Attorney-General shall traffic data.
(2) A request for preservation of data submitted under expeditiously disclose to the foreign state, sufficient amount of traffic
subsection (1) shall specify the- data to identify that service provider and the path through which the
communication was transmitted.
(a) authority seeking the preservation of data;
(2) Expedited disclosure of preserved traffic data under
(b) offence that is the subject of an investigation subsection (1) may only be withheld where the -
or prosecution, including a brief summary
of the related facts; (a) request concerns a political offence or an
offence related to a political offence; or
(c) stored computer data to be preserved and its
relationship to the offence; (b) Attorney-General considers that the
execution of the request is likely to prejudice
(d) available information identifying the
the sovereignty of Sierra Leone, security or
custodian of the stored computer data or
public interest.
the location of the computer system;

(e) necessity of the preservation of data; and

26 No. The Cyber Crime Act 2020 No. The Cyber Crime Act 2020 27

Mutual 20. (1) A foreign state may request the search, access, (g) details of the period within which the foreign
assistance security or disclosure of data stored by means of a computer system
regarding
state wishes the request to be complied
accessing
located within Sierra Leone, including data that has been preserved with;
of stored under section 18.
computer (h) where applicable, details of the property,
data. (2) When making a request under subsection (1), the
computer, computer system or device to be
foreign state shall provide adequate information on the following-
traced, restrained, seized or confiscated and
of the grounds for believing that the property
(a) the name of the authority conducting the is believed to be in Sierra Leone;
investigation or prosecution to which the
request relates; (i) details of the stored computer data, data or
program to be seized and its relationship to
(b) a description of the nature of the criminal the offence;
offence and a statement setting out a (j) information identifying the custodian of the
summary of the relevant facts and laws; stored computer data or the location of the
computer, computer system or device;
(c) a description of the purpose of the request
and of the nature of the assistance being (k) an agreement on the question of the payment
sought; of the damages or costs of fulfilling the
request; and
(d) in the case of a request to restrain or
confiscate assets believed on reasonable (l) any other information that may assist in
grounds to be located in Sierra Leone, details giving effect to the request.
of the offence in question, particulars of any
investigation or prosecution commenced (3) Upon receiving a request under subsection (1), the
Attorney- General shall take all appropriate measures to obtain
in respect of the offence, including a copy of
necessary authorisation including a warrant to execute in accordance
any relevant restraining or confiscation with the procedures and powers under this Act or any other law.
order;
(4) Upon obtaining necessary authorisation under
(e) details of any procedure that the foreign state subsection (3), including a warrant to execute, the Attorney-General
wishes to be followed by Sierra Leone in may seek the support and cooperation of the foreign state during
giving effect to the request, particularly in such search and seizure.
the case of a request to take evidence; (5) Upon conducting the search and seizure under
subsection (4), the Attorney-General shall provide the results of such
(f) a statement setting out any wishes of the search and seizure, as well as the evidence seized, to the foreign
foreign state concerning confidentiality state.
relating to the request and the reasons for
those wishes;
28 No. The Cyber Crime Act 2020 No. The Cyber Crime Act 2020 29

Trans-border 21. Subject to this Act, a police officer or other authorised (g) further details of relevant traffic data;
access to person may, without authorisation-
stored
computer (h) the necessity for use of powers under this
data.
(a) access publicly available (open source) section; and
stored computer data, regardless of where
the data is located geographically; or (i) the terms for the use and disclosure of the
traffic data to third parties.
(b) access or receive through a computer system
in Sierra Leone, stored computer data (3) Upon receiving a request under subsection (1), the
located in a foreign state, if such police Attorney- General shall take all appropriate measures to obtain
officer or other authorised person obtains the necessary authorisation including a warrant to execute upon the
lawful and voluntary consent of the person request in accordance with the procedures and powers under this
who has the lawful authority to disclose the Act or any other law.
data through that computer system.
(4) Upon obtaining necessary authorisation including a
warrant to execute a request under subsection (1), the Attorney-
Mutual 22. (1) A foreign state may request the Attorney-General to General may seek the support and cooperation of the foreign state
assistance provide assistance in real time collection of traffic data associated
in real time during the search and seizure.
collection of
with specified communications in Sierra Leone transmitted by means
traffic data. of a computer system. (5) Upon conducting the measures under this section,
the Attorney-General shall provide the results of such measures as
(2) A request for assistance under subsection (1) shall well as real-time collection of traffic data associated with specified
specify- communication to the foreign state.
(a) the authority making the request;
23. (1) A foreign state may, in relation to a serious offence in Mutual
(b) the offence that is the subject of a criminal that state, request or provide assistance in the real time collection or assistance
investigation or prosecution and a brief recording of content data of specified communication transmitted regarding
by means of a computer system in Sierra Leone. interception
summary of the related facts; of content
data.
(2) A request for assistance under subsection (1) shall
(c) the name of the authority with access to the
specify-
relevant traffic data; (a) the authority making the request;
(d) the location at which the traffic data may be (b) the offence that is the subject of a criminal
held; investigation or prosecution and a brief
summary of the facts;
(e) the intended purpose for the required traffic
data; (c) the name of the authority with access to the
relevant communication;
(f) sufficient information to identify the traffic
data; (d) the location at which or nature of the
communication;
30 No. The Cyber Crime Act 2020 No. The Cyber Crime Act 2020 31

(e) the intended purpose for the required (b) the preservation of data pursuant to
communication; expedited preservation of stored computer
data and expedited disclosure of preserved
(f) sufficient information to identify the traffic data; and
communication;
(c) the collection of evidence, the provision of
(g) details of the data of the relevant interception; legal information, and locating of suspects.

(h) the recipient of the communication; (3) A point of contact under subsection (1), shall -

(i) the intended duration for the use of the (a) be resourced with and possess the requisite
communication; capacity to securely and efficiently carry out
communication with other points of contact
(j) the necessity for use of powers under this in other states, on an expedited basis;
section; and
(b) have the authority and be empowered to
(k) the terms for the use and disclosure of the coordinate and enable access to international
communication to third parties. mutual assistance under this Act or if
applicable extradition procedures, upon an
(3) Upon receiving a request under subsection (1), the expedited basis.
Attorney- General shall take appropriate action to execute the request
in accordance with the procedures and powers under this Act. PART V - OFFENCES

(4) The Attorney-General shall, on executing the request 25. (1) A person, including a corporation, partnership, or Unauthorised
access.
under subsection (3), provide the results of such action as well as association, who intentionally and without authorisation causes a
real time collection or recording of content data of specified computer system to perform a function with intent to secure access
communication to the foreign state. to the whole or a part of a computer system or to enable such access
to be secured, commits an offence and is liable upon conviction to
Point of 24. (1) A police officer or other authorised person such fine or term of imprisonment as the Minister may, by
conta ct. investigating or prosecuting cybercrime shall designate a point of Regulation made under this Act, prescribe.
contact available on a 24-hour, 7-days-a-week basis, in order to ensure
the provision of immediate assistance for the purpose of investigation (2) For the purposes of this section, a person secures
or prosecution of offences related to computer systems and data, or access to computer data stored in a computer system if by causing a
for the collection of evidence in electronic form. computer system to perform a function he -

(2) Immediate assistance to be provided under (a) alters or erases computer data; or
subsection (1) shall include -
(b) copies, transfers or moves computer data to
(a) the provision of technical advice; -
32 No. The Cyber Crime Act 2020 No. The Cyber Crime Act 2020 33

(i) a computer system or computer data (a) in the absence of proof that the accused has
storage medium other than that in which the requisite knowledge to access the
it is stored; or computer, program or data;
(ii) a different location in the same computer (b) notwithstanding the fact that committing the
system or computer data storage offence is impossible;
medium in which it is stored; (c) in the absence of a program or data of any
(c) has the computer data output from the particular kind.
computer system in which it is held, whether
by having it displayed or in any other manner; 26. (1) A person, including a corporation, partnership, or Unauthorised
access to
association, who intentionally or without authorisation causes a protected
(d) uses the computer data. computer system to perform a function with intent to secure access system.
(3) For the purposes of this section, "unauthorised" to a computer or program or data used directly in connection with
means access of any kind, to a computer system, program or data, by or necessary for a Critical National Information Infrastructure commits
an offence and is liable upon conviction to such fine or term of
a person who has been authorised to access a specific data in a imprisonment as the Minister may, by Regulation made under this
computer system and without lawful excuse, whether temporary or Act, prescribe.
not, cause a computer system to perform a function other than those
authorised, with intent to secure access to the whole or a part of a (2) A person, including a corporation, partnership, or
computer system or to enable such access to be association, who has been authorised to access a specific data in a
secured. computer system and without lawful excuse, whether temporary or
not, causes a computer system to perform a function other than that
authorised, or intentionally permits tampering of such computer
(4) The absence of authority to secure access to the whole systems with intent to secure access to the whole or a part of a
or any part of a computer system under subsection (1) includes computer system or to enable such access to be secured, commits an
instances where there may exist general authority to access a offence and is liable upon conviction to such fine or term of
computer system but a specific type, nature or method of access may imprisonment as the Minister may, by Regulation made under this
not be authorised. Act, prescribe.

(5) For the purposes of this section intention or (3) The absence of authority to secure access to the
whole or any part of any computer system under subsection (1)
recklessness needs not relate to- includes instances where there may exist general authority to access
a computer system but a specific type, nature or method of access
(a) a particular computer system; may not be authorised.

(b) a particular program or data; or (4) For the purposes of this section intention or
recklessness need not relate to-
(c) a program or data of any particular kind.
(a) a particular computer system;
(6) A person shall be deemed to have contravened (b) a particular program or data; or
subsection (1)-
(c) a program or data of any particular kind
34 No. The Cyber Crime Act 2020 No. The Cyber Crime Act 2020 35

Unauthorised 27. (1) A person, including a corporation, partnership, or (a) causes destruction, damage, deletion,
data
interception.
association, who intentionally and without authorisation intercepts erasure, deterioration, generation,
or causes to be intercepted non-public transmissions of data to or modification or alteration of a program or
from a computer system whether directly or indirectly the transmission data or any aspect or attribute related to the
of which - program or data;
(a) results in a significant financial loss;
(b) renders a program or data meaningless,
(b) threatens national security; useless or ineffective;
(c) causes physical injury or death to any
person; or (c) obstructs, interrupts or interferes with the use
of any program or data or any aspect or
(d) threatens public health or public safety, attribute related to the program or data;
commits an offence and is liable upon conviction to such fine or term (d) causes denial, prevention, suppression or
of imprisonment as the Minister may, by Regulation made under this hindrance of access to a program or data or
Act, prescribe. any aspect or attribute related to the program
or data or to any person entitled to it;
(2) Where a person, including a corporation, partnership,
or association, intentionally and without authorisation, intercepts or (e) causes impairment to the operation of a
causes to be intercepted, the transmission of data to or from a program;
computer system over a telecommunication under subsection (1), it
is immaterial whether - (f) causes impairment to the reliability of any
data, aspect or attribute related to a program
(a) the unauthorised interception is not directed or data;
at -
(g) causes impairment to the security of a
(i) a telecommunications system; program or data or any aspect, attribute
(ii) a particular computer system; related to a program or data; or
(iii) a program or data of any kind; or (h) enables any of the acts mentioned in
(iv) a program or data held in any particular paragraphs (a) to (g) to be done,
computer system;
commits an offence and is liable upon conviction to such fine or term
(b) an unauthorised interception or an intended of imprisonment as the Minister may, by Regulation made under this
effect of it is permanent or temporary. Act, prescribe.

Unauthorised 28. A person, including a corporation, partnership, or 29. A person, including a corporation, partnership, or Unauthorised
data system
interference. association, who intentionally or without authorisation does an act association, who intentionally or without authorisation does an
interference.
in relation to a computer system which - unauthorised act in relation to a computer system which -
36 No. The Cyber Crime Act 2020 No. The Cyber Crime Act 2020 37

(a) interferes with, hinders, damages, prevents, (b) a computer password, access code or similar
suppresses, deteriorates, impairs or obstructs data by which the whole or any part of a
the functioning of a computer system; computer system is capable of being
accessed, designed or adapted primarily for
(b) interferes with, hinders, damages, prevents, the purposes of a computer system,
suppresses, deteriorates, impairs or obstructs
the communication between or with a commits an offence and is liable upon conviction to such fine or term
computer system; of imprisonment as the Minister may, by Regulation made under this
Act, prescribe.
(c) interferes with or hinders access to a
computer system; (2) Notwithstanding subsection (1) a person shall not be
deemed to have committed an offence if he does an act under
(d) impairs the operation of a computer system; subsection (1), -

(e) impairs the reliability of a computer system; (a) for the purpose of training, testing or
protection of a computer system; or
(f) impairs the security of a computer system; or
(b) in compliance of and in accordance with the
(g) enables any of the acts mentioned in terms of a judicial order issued or in exercise
paragraphs (a) to (f) to be done, of a power under this Act or any law.

commits an offence and is liable upon conviction to such fine or term (3) For the purpose of subsection (1), possession of a
of imprisonment as the Minister may, by Regulation made under this program or a computer password, access code, or similar data includes
Act, prescribe: having -

Provided that it shall not be an offence if interference with a computer (a) possession of a computer system which
system is undertaken in compliance and in accordance with the terms contains the program or a computer
of a warrant issued under this Act or any law. password, access code, or similar data;

Misuse of 30. (1) A person, including a corporation, partnership, or (b) possession of a data storage device in which
device.
association, who intentionally or without authorisation manufactures, the program or a computer password, access
adapts, sells, procures for use, receives, possesses, imports, offers code, or similar data is recorded; or
to supply, distributes or otherwise makes available -
(c) control of a program or a computer password,
(a) a device designed or adapted primarily for access code, or similar data that is in the
the purpose of committing an offence under possession of another person.
this Act; or
38 No. The Cyber Crime Act 2020 No. The Cyber Crime Act 2020 39

Unauthorised 31. A person, including a corporation, partnership, or or intelligible commits an offence and is liable upon conviction to
disclosure of
password.
association, who intentionally or without authorisation discloses such fine or term of imprisonment as the Minister may, by Regulation
to another person a password, access code or other means of gaining made under this Act, prescribe.
access to any program or data held in a computer system -
32. A person, including a corporation, partnership, or Computer
raud.
(a) for any wrongful gain; association, who intentionally causes loss of property, valuable
security or consideration to another person by -
(b) for any unlawful purpose; or
(a) inputting, alteration, modification, deletion,
(c) to occasion any loss, suppression or generation of a program or
data;
commits an offence and is liable upon conviction to such fine or term
of imprisonment as the Minister may, by Regulation made under this (b) interference, hindrance, impairment or
Act, prescribe. obstruction with the functioning of that
computer system; or
Computer- 32. (1) A person, including a corporation, partnership, or
related association, who intentionally or without authorisation inputs, alters, (c) copying, transferring or moving data or
forgery.
deletes or suppresses computer data, resulting in inauthentic data program to another computer system, device
with the intent that it be considered or acted upon for legal purposes or storage medium other than that in which it
as if it were authentic, regardless of whether or not the data is directly is held or to a different location in any other
readable or intelligible, commits an offence and is liable upon computer system, device or storage medium
conviction to such fine or term of imprisonment as the Minister may, in which it is held;
by Regulation made under this Act, prescribe.
(d) using any data or program; or
(2) A person, including a corporation, partnership, or
association, who dishonestly or with similar intent - (e) having any data or program output from the
computer system in which it is held, whether
(a) for wrongful gain; by having it displayed or in any other manner,

(b) for wrongful loss to another person; or with fraudulent or dishonest intent of procuring, without right, an
economic benefit for himself or for another person commits an offence
(c) for any economic benefit for oneself or for and is liable upon conviction to such fine or term of imprisonment as
another person, the Minister may, by Regulation made under this Act, prescribe.

intentionally or without authorisation inputs, alters, deletes or

suppresses computer data, resulting in inauthentic data with the intent
that it be considered or acted upon for legal purposes as if it were
authentic, regardless of whether or not the data is directly readable
40 No. The Cyber Crime Act 2020 No. The Cyber Crime Act 2020 41

Identity theft 33. (1) A person, including a corporation, partnership, or (3) A person, including a corporation, partnership, or
and
impersonation.
association, who is engaged in the services of any financial institution, association, who makes or causes to be made, either directly or
and as a result of his special knowledge commits identity theft of indirectly, any false statement as a material fact in writing, knowing it
its employer, staff, service providers and consultants with the intent to be false and with the intent that it be relied upon respecting his
to defraud commits an offence and is liable upon conviction to such identity or that of any other person or his financial condition or that
fine or term of imprisonment as the Minister may, by Regulation made of any other person for the purpose of procuring the issuance of a
under this Act, prescribe. card or other instrument to himself or another person commits an
offence and shall be liable upon conviction to such fine or term of
(2) A person, including a corporation, partnership, or imprisonment as the Minister may, by Regulation made under this
association, who fraudulently - Act, prescribe.

(a) or dishonestly makes use of the electronic 34. A person, including a corporation, partnership, or Electronic
signature.
signature, password or any other unique association, who with the intent to defraud and or misrepresent,
identification feature of any other person; or forges through electronic devices another person's signature or
company mandate commits an offence and shall be liable on
(b) impersonates another entity or person, living conviction to such fine or term of imprisonment as the Minister may,
or dead, with intent to - by Regulation made under this Act, prescribe.

(i) gain advantage for himself or another 35. (1) A person, including a corporation, partnership, or Cyber stalking
and cyber
person; association, who individually or with another person, willfully and bullying.
repeatedly communicates, either directly or indirectly, with another
(ii) obtain any property or an interest in any person, if he knows or ought to have known that his conduct -
property;
(a) is likely to cause that person apprehension
(iii) cause disadvantage to the person or or fear of violence to him or damage or loss
entity being impersonated or another on his property; or
person; or
(b) detrimentally affects that person,
(iv) avoid arrest or prosecution or to
obstruct, pervert or defeat the course commits an offence and is liable upon conviction to such fine or term
of justice, commits an offence and is of imprisonment as the Minister may, by Regulation made under this
liable upon conviction to such fine or Act, prescribe.
term of imprisonment as the Minister
may, by Regulation made under this Act, (2) A person, including a corporation, partnership, or
prescribe. association, who knowingly or intentionally sends a message or
other matter by means of a computer system or network that-
42 No. The Cyber Crime Act 2020 No. The Cyber Crime Act 2020 43

(a) is grossly offensive, pornographic or of an (2) In awarding penalty against an offender under this
indecent, obscene or menacing character or section, a court shall have regard to the following -
causes any such message or matter to be so
sent; or (a) refusal by the offender to relinquish, upon
formal request by the rightful owner of a name,
(b) he knows to be false, for the purpose of business name, trademark, domain name, or
causing annoyance, inconvenience, danger, other word or phrase registered, owned or in
obstruction, insult, injury, criminal use by any individual, body corporate or
intimidation, enmity, hatred, ill will or needless belonging to the Government of Sierra Leone;
anxiety to another or causes such a message or
to be sent,
(b) any attempt by the offender to obtain
commits an offence and is liable upon conviction to such fine or term compensation in any form for the release to
of imprisonment as the Minister may, by Regulation made under this the rightful owner for use of the name,
Act, prescribe. business name, trademark, domain name or
other word or phrase registered, owned or
(3) Notwithstanding subsection (1) a person shall not be in use by the individual, body corporate or
deemed to have committed an offence if he does an act - belonging to the Government of Sierra Leone.

(a) for the purpose of preventing or detecting (3) In addition to the penalty specified in this section,
crime; the court may make an order directing an offender to relinquish such
registered name, mark, trademark, domain name or other word or phrase
(b) in compliance of and in accordance with the to the rightful owner.
terms of a judicial order issued or in exercise
of any power under this Act or any law; or 37. A person, including a corporation, partnership, or Infringement
association, who, through input, alteration, modification, deletion, of copyright
(c) which is in the interest of the public. suppression or generation of a program or data or through use of a and related
rights.
Cyber computer, computer system or electronic device willfully infringes
Squatting.
36. (1) A person, including a corporation, partnership, or any right protected under the Copyright Act, 2011(Act No. 8 of 2011)
association, who intentionally takes or makes use of a name, business or any law in force for protection of copyrights and related rights,
name, trademark, domain name or other word or phrase registered, commits an offence and is liable upon conviction to such fine or term
owned or in use by an individual, body corporate or belonging to a of imprisonment as the Minister may, by Regulation made under this
government institution in Sierra Leone, on the internet or any other Act, prescribe.
computer network, without authority or right and for the purpose of
interfering with the use by the owner, registrant or legitimate prior 38. (1) A person, including a corporation, partnership, or Online child
sexual abuse.
user, commits an offence and is liable on conviction to such fine association, who, intentionally -
or term of imprisonment as the Minister may, by Regulation made
under this Act, prescribe.
44 No. The Cyber Crime Act 2020 No. The Cyber Crime Act 2020 45

(a) possesses, distributes, produces, (3) Notwithstanding subsection (1) a person shall not be
views,downloads, transmits, disseminates, deemed to have committed an offence if he does an act intended for
circulates, delivers, exhibits, lends for gain, a bona fide scientific or medical research or law enforcement.
exchanges, barters, sells or offers for sale,
lets on hire or offers to let on hire, prints, (4) For purposes of this section -
photographs, copies, provides location,
requests for, offers in any other way, or makes "child" means a person under the age of 18 years;
available in any way child pornography
through a computer system or storage data "child pornography" includes data which, whether
medium; or visual or audio, depicts -

(b) acquiesces a child's participation in (a) a child engaged in sexually explicit conduct;
pornography,
(b) a person who appears to be a child engaged
commits an offence and is liable upon conviction to such fine or term in sexually explicit conduct; or
of imprisonment as the Minister may, by Regulation made under this
Act, prescribe.
(c) realistic images representing a child engaged
(2) A person, including a corporation, partnership, or in sexually explicit conduct.
association, who intentionally poses, grooms or solicits, through
any computer system or network, to meet a child for the purpose of - 39. (1) A person, including a corporation, partnership, or Attempting
association, who intentionally abets the commission of, aids to and aiding or
(a) engaging in sexual activity with the child; abetting.
commit, attempts to commit or does any act preparatory to or in
(b) engaging in sexual activity with the child furtherance of the commission of an offence under this Act commits
where- an offence and is liable upon conviction to such fine or term of
imprisonment as the Minister may, by Regulation made under this
(i) coercion, inducement, force or threat is Act, prescribe.
used;
(2) An offence may be deemed to have been committed
(ii) a recognised position of trust, authority under subsection (1), notwithstanding where the act in question
or influence over the child, including
within the family is abused; or took place.

(iii) a child's mental or physical disability or 40. (1) No person shall engage in the operation of a business Registration
situation of dependence is a b u s e d , of providing computers for accessing the internet, playing games, of
cybercafés.
ommits an offence and shall be liable chatting or doing other computer-related tasks unless the business
upon conviction to such fine or term of -
imprisonment as the Minister may, by (a) has a registered business name with the
Regulation made under this Act, Corporate Affairs Commission established
prescribe. under the Companies Act, 2009 (Act No. 5 of
2009); and
46 No. The Cyber Crime Act 2020 No. The Cyber Crime Act 2020 47

(b) registered with National Telecommunications (c) insults publicly through a computer system
Commission established under the or network any other person or group of
Telecommunications Act, 2006 (Act No. 9 of persons distinguished by race, colour,
2006) as a business concerned with providing descent or national or ethnic origin, as well
computer access to the internet. as religion; or

(2) A person, including a corporation, partnership, or (d) distributes or otherwise makes available, to
association, who perpetrates electronic fraud or online fraud under the public, material which denies or
this Act using a cybercafé, commits an offence and is liable upon approves or justifies acts constituting
conviction to such fine or term of imprisonment as the Minister may, genocide or crimes against humanity,
by Regulation made under this Act, prescribe.
commits an offence and is liable upon conviction to such fine or term
Cyber 41. (1) A person who accesses or cause to be accessed a of imprisonment as the Minister may, by Regulation made under this
terrorism.
computer or computer system or network for purposes of a terrorist Act, prescribe.
act, commits an offence and is liable upon conviction to such fine or
term of imprisonment as the Minister may, by Regulation made under (2) For the purpose of subsection (1), "crime against
this Act, prescribe. humanity" includes any of the following acts committed as part of a
widespread or systematic attack directed against any civilian
(2) For purposes of this section, "terrorist act" shall have population, with knowledge of the attack: murders, extermination,
the same meaning as provided under the Anti-Money Laundering enslavement, deportation or forcible transfer of population,
and Combating of Financing of Terrorism Act, 2012 (act No. 2 of imprisonment, torture rape, sexual slavery, enforced prostitution,
2012). forced pregnancy, enforced sterilisation or any other form of sexual
violence of comparable gravity, persecution against an identifiable
Racist and 42. (1) A person, including a corporation, partnership, or group on political, racial, national, ethnic, cultural, religious or gender
xenophobic
offences. association, who with intent- grounds, enforced disappearance of persons, the crime of apartheid,
other inhumane acts of similar character intentionally causing great
(a) distributes or otherwise makes available, suffering or serious bodily or mental injury;
racist or xenophobic material to the public
through a computer system or network; "genocide" means any of the following acts committed
with intent to destroy in whole or in part, a national,
(b) threatens through a computer system or ethnic, racial or religious group as such: killing
network any other person or group of members of the group, deliberately inflicting on the
persons for the reason of belonging to a group conditions of life calculated to bring about
group distinguished by race, colour, descent, its physical destruction in whole or in part, imposing
national or ethnic origin, as well as, religion; measures intended to prevent births within the
group; forcibly transferring children of the group to
another group;
48 No. The Cyber Crime Act 2020 No. The Cyber Crime Act 2020 49

"racist or xenophobic material" means any written or 44. (1) A person or institution which, being a computer Breach of
confidence
printed material, any image or any other based service provider and or vendor does an act with intent to by service
representation of ideas or theories, which advocates, defraud and by virtue of his position as a service provider, forges, providers.
promotes or incites hatred, discrimination or violence illegally used security codes of the consumer with the intent to gain
against any individual or group of individuals, based a financial and or material advantage or with intent to provide less
on race, colour, descent or national or ethnic origin, value for money in his or its services to a consumer commits an
as well as religion if used as a pretext for any of offence and upon conviction is liable to such fine or term of
these factors. imprisonment as the Minister may, by Regulation made under this
Act, prescribe.
Reporting 43. (1) A person or institution that operates a computer
cyber threats. (2) Where an offence under this Act committed by a body
system or network, whether public or private, shall immediately
inform the National Computer Security Incidence Response Team of corporate is proved to have been committed on the instigation or
an attack, intrusion and other disruption liable to hinder the with the connivance of or attributable to any neglect on the part of a
functioning of another computer system or network, and the National director, manager, secretary or other like officer of the body corporate
Computer Security Incidence Response Team shall take necessary or any officer purporting to act in any such capacity, he, as well as
and appropriate measures to protect computer systems and networks. the body corporate, where practicable, shall be deemed to have
committed the offence.
(2) In order to protect a computer system or network under
subsection (1), the National Computer Security Incidence Response (3) Notwithstanding subsection (1), where a body
Team may propose the isolation of an affected computer system or corporate is convicted of an offence under this Act, the Court may
network pending the resolution of the issues. order that the body corporate shall be wound up and all its assets
and properties forfeited to the state.
(3) A person or institution who fails to report an incident
of an attack, intrusion or other disruption liable to hinder the (4) Nothing contained in this section shall render a person
functioning of another computer system or network to the National liable to punishment, where he proves that the offence was committed
Computer Security Incidence Response Team, within 7 days of its without his knowledge or that he exercised all due diligence to prevent
occurrence, commits an offence and is liable to such fine or term of the commission of the offence.
imprisonment as the Minister may, by Regulation made under this
Act, prescribe. 45. (1) Without prejudice to any contractual agreement Employees
responsibility.
between an employer and employee, an employee shall relinquish or
surrender all codes and access rights to his employer immediately
upon disengagement from employment.
50 No. The Cyber Crime Act 2020 No. The Cyber Crime Act 2020 51

(2) An employee who, without any lawful reason, (a) provision of support to computer systems
continues to hold unto the code or access right of his employer after and networks in preventing and combating
disengagement without any lawful reason commits an offence and cybercrime in Sierra Leone;
shall be liable upon conviction to such fine or term of imprisonment
as the Minister may, by Regulation made under this Act, prescribe. (b) formulation and implimentation of national
cyber security policy and cyber security
Corporate 46. (1) A natural person, who exercises management or
liability. supervisory authority, based on - strategy;

(a) power of representation of a legal person; (c) overseeing of the management of computer
forensic laboratories;
(a) authority to take decisions on behalf of a legal
person; (d) provision of support to the Judiciary and
other law enforcement agencies in the
(c) authority to exercise control within a legal
discharge of their functions in relation to
person, acting either individually or as part
cybercrime in Sierra Leone;
of an organ of the legal person,
(e) promotion of Sierra Leone's involvement in
commits an offence under this Act, for the benefit of the legal person, international cyber security cooperation; and
the legal person shall be liable for the offence under this Act.
(f) doing such other acts or things that are
(2) Where a natural person commits a criminal offence necessary for the effective performance of
under this Act, for the benefit of a legal person, due to the lack of the functions of the relevant security and
supervision or control by a natural person, the legal person shall be enforcement agencies under this Act.
liable for the offence under this Act.
48. (1) There is established, a National Cybersecurity Establishment
PART VI - ADMINISTRATION AND ENFORCEMENT Advisory Council comprising the President as Chairman and the of the
National
following other members - Cybersecurity
Co- 47. (1) There shall be a National Cyber Security Incidence Advisory
ordination Response Coordination Center responsible for managing cyber Council.
and (a) the Minister, Ministry of Finance;
enforcement. security incidents in Sierra Leone headed by the National Cyber
Security Coordinator, nominated by the Minister. (b) the Attorney-General and Minister of
Justice;
(2) The National Cyber Security Coordinator shall be
responsible for cyber security issues under this Act including - (c) the Minister of Internal Affairs;
52 No. The Cyber Crime Act 2020 No. The Cyber Crime Act 2020 53

(d) the Minister of Foreign Affairs and (3) The Council may co-opt any person to attend and
International Cooperation; participate in its deliberations on any matter but such person shall
not vote on any issue for the decision by the Council.
(e) the National Security Coordinator, Office of
National Security; (4) The meetings of the Council shall be presided over
by the President and the Council shall meet, at least, 4 times a year.
(f) the Director-General, Central Intelligence and
Security Unit; 49. (1) The Council shall - Functions
and powers
of Council.
(g) the Chief of Defence Staff, Republic of Sierra (a) provide strategic leadership, oversight and
Leone Armed Forces; guidance on implementation and develop-
ment of national cyber security legal
(h) the Inspector-General, Sierra Leone Police; framework in Sierra Leone in order to ensure
that -
(i) the Director-General, National Tele-
communications Commission; (i) Sierra Leone's cybercrime policies and
laws are in conformity with regional and
(j) the Governor, Bank of Sierra Leone; international standards;

(k) the National Cyber Security Coordinator; (ii) there is maintenance of international co-
operation required for preventing and
(l) the Director of Communications, Ministry of combating cybercrimes and promoting
Information and Communications; and cybersecurity; and

(m) the Minister of Information and (iii) effective prosecution of cybercrimes

Communications as Secretary. and cyber security matters.

(2) A member of the Council shall cease to hold office if - (b) make recommendation to Government on
(a) he ceases to hold the office on the basis of issues relating to the prevention and
which he became a member of the Council; combating of cybercrime and the promotion
or of cyber security in Sierra Leone;

(b) the President is satisfied that it is not in the (c) provide general policy guidelines for the
public interest for the person to continue as implementation of this Act; and
a member of the Council.
54 No. The Cyber Crime Act 2020 No. The Cyber Crime Act 2020 55

(d) promote the development of educational (3) All monies accruing to the Fund shall be exempted
programs and research in cyber security from income tax and all contributions to the Fund shall be tax
defences, techniques and deductible.
processes.
(4) The levy imposed under paragraph (a) of subsection
(2) The Council shall have power to regulate its
(2) shall be remitted directly by the affected businesses or
proceedings and make standing orders with respect to the holding of
organizations into the Fund domiciled in the Central Bank within a
its meetings, notices to be given, the keeping of minutes of its
period of 30 days.
proceedings and such other matters as Council may, from time to
time determine.
(5) An amount not exceeding 30 percent of the Fund may
Establishment 50. (1) There is established a fund which shall be known as be allocated for programs relating to public education and awareness
of National raising on cyber security issues.
Cybersecurity
the National Cyber Security Fund.
Fund.
(2) There shall be paid and credited into the Fund (6) The office of the National Computer Security Incidence
established under subsection (1) and domiciled in the Central Bank Response Team Coordination Centre shall keep proper records of the
of Sierra Leone - accounts which shall be audited in accordance with guidelines
provided by the Auditor-General of Sierra Leone.
(a) a levy of 0.005 of all electronic transactions
by the businesses specified in the Schedule; PART VII -MISCELLANEOUS PROVISIONS

(b) grants-in-aid and assistance from donor, 51. as it considers necessary or expedient for giving effect to Regulations.
bilateral and multilateral agencies; this Act.

(c) all other sums accruing to the Fund by way

of gifts, endowments, bequests or other
voluntary contributions by persons and
organisations:

Provided that the terms and conditions attached to such

gifts, endowments, bequests or contributions will not jeopardize the
functions of the Agency; and

(d) all other monies or assets that may, from time

to time accrue to the Fund.
56 No. The Cyber Crime Act 2020 No. The Cyber Crime Act 2020 57

MORANDUM OF OBJECTS AND REASONS SCHEDULE

The object of this Bill is to make provision for the prevention of the abusive use of BUSINESSES TO WHICH ELECTRONIC TRANSACTIONS LEVYAPPLY
computer systems; to provide for the timely and effective collection of electronic
(Section 50 (2) (a))
evidence for the investigation and prosecution of such crimes; to provide for
facilitation of international cooperation in dealing with cybercrime and for other
related matters. (a) GSM service providers and all telecommunication
companies;
This Bill is divided into 7 parts-
(b) Internet service providers;
PART I - Preliminary provides for the interpretation of certain terms and expressions
in the Bill. (c) Banks and other financial institutions; and

PART II - provides for the designation by order of the president of certain computer (d) Insurance companies.
systems as critical national information infrastructure.

PART III - deals with powers and procedures including the scope of powers and
procedures, search and seizure of stored computer data, record of and access to
seized data, confidentiality and limitation of liability and territorial jurisdiction.
MADE this 16th day of April, 2020
PART IV - deals with International Cooperation including powers of the Attorney-
General to make and act on mutual assistance requests, extradition, confidentiality
and limitation of use and mutual assistance.
MOHAMED RAHAMAN SWARAY
PART V- creates cyber offences including unauthorised access, misuse of device, FREETOWN, Minister of Information and Communications
SIERRA LEONE
computer-related forgery and fraud, cyber stalking and cyber bullying, infringements
ofcopyright and related rights, and online child sexual abuse.

PART VI - Provides for the administration and enforcement of cyber security,

establishment of a National Cyber Security Incidence Response Coordinating
Center to deal with cyber security incidence and enforcement including the
establishnemt of a National Cyber Security Advisery Council and CyberSecurity
Fund.

PART VII- Miscellaneous makes provision for the Minister to make regulations as
PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE.
he considers necessary or expedient for giving effect to this Act. Extraordinary Gazette NO. 27 OF 11TH MAY, 2020.