MIC Swaray Reassures Lawmakers: Cyber Law Not Stifling Freedom of Expression

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March 15, 2021

By Mohamed M. Sesay

During the introduction and first reading of the Bill entitled “Cybercrime Act of 2020” in the the Minister of Information and Communications Mohamed Rado Raham Swarray has yesterday the 11th of March, allayed the concerns of Honorable Members of Parliament and the citizenry of Sierra Leone that President Bio led government has no intention to infringe on the freedom of expression of citizens after the cybercrime bill would have been enacted into law.

Minister Swaray noted that the world is now going digital and that Sierra Leone has missed out on three industrial revolutions. He therefore said, the country cannot afford to miss out on this evolving digital and technological world.

 He stated that it is in President Bio’s considered view to make Sierra Leone a digital country where everyone would compete both nationally and internationally. He also alluded to cluster 3.5 of the Medium Term Development Plan with deals with the issue of competitiveness using Information and Communication Technology (ICT) is clearly elucidated in the cluster.

He added that 17% percent of the Sierra Leone population is using various form of digital technology asserting that, the statistic is set to increase as more young people are exposed to digital technologies.

He intimated that government has underscored the importance and compelling factors in making sure that the country has the necessary mechanisms in place that protects citizens of Sierra Leone online as well as offline. Minister Swarray said the Cybercrime bill is an attempt by government to address many issues relating to the cyberspace. 

Rado Swarray further stated that in 2017, African Leaders signed up to the Malabo Accord which is a standard for the Africa Union in addressing cybercrime and data protection. He also mentioned the Budapest convention which is also a standard for cybercrime and organized crime protection and management around the world.

He also alluded to provisions in treaties that bind government to enact the bills in promotion of digital rights that covers the rights of children.

 “Digital space is like a normal world we are living in.  Every country has its own identity and footprint. Sierra Leone is recognized by our DOT SL (.sl). so we believe that with this law, the DOT SL (.sl) would be better looked after  and anything coming from Sierra Leone would be treated with the due seriousness and importance. Mr. Speaker Honorable Members of parliament, it is important to note that the cybercrime bill is long overdue in Sierra Leone. We note while it ensures that it protects the right of citizens, it will not at any time interfere with the fundamental right of free expression of citizens. We have no intention as government to use the cybercrime bill to take away this fundamental from citizens”, Minister Swarray reaffirmed.

He continued that with the enactment of the cybercrime bill and also domesticating the Budapest Convention, Sierra Leone would now have the opportunity to benefit from International Corporation.

He also stressed that with the enactment of the bill, offenders of cybercrimes would be brought to book through International Corporation and prosecuted within the framework of the laws of the country.

Minister Swarray further emphasized that cybercrimes are not like a robbery offence wherein people see evidence such as a house breaking. He added that evidence in cyber related crimes are mostly volatile which needs a specialty training for the creation of the crime scene This he said is covered in draft cybercrime bill of 2020. He concluded by imploring all members  of parliament  to support the enactment of the bill for the sake of God, for the sake of country and for future generations adding that, majority of kids are glued to many social media platforms of which there are so many offences on those platforms.

The Chairman of Committee on Information and Communications Hon. Boston Munda thanked the Minister for putting together the bill on cybercrimes. He intimated that cybercrime is a global issue and the world is fighting tremendously to reduce  if not, to eradicate it.

He therefore said, Sierra Leone has thought it timely and necessary to be part of the process in minimizing or eradicating cybercrimes. Hon. Boston Munda added that as long as people are using internet or using mobile phones, they are prone to attack of cybercrimes. He acknowledged that Sierra Leone did not have the adequate security system in place in addressing cybercrimes including many African countries. He noted that South Africa has lost one hundred and fifty-seven million dollars through cybercrimes by cyber attackers.

He added that there is no law in Sierra Leone to address cybercrimes and identity theft and therefore encouraged colleague Members of Parliament to embrace the cybercrime bill and to enact it to become a law in the country. He conceded that the bill caters for an electronic evidence and capacity building for judges, police and other security apparatus in the country.

On his part, the Leader of the Main Opposition All People’s Congress Party Hon. Chernor Maju Bah disclosed that he participated in both legislative hearings of the cybercrime bill and therefore thanked the Minister for not just listening to parliament, but equally taking extra steps in ensuring that the country gets what is best. He encouraged colleagues Members of Parliament to put all hands on deck in order to promote the enactment of the bill stressing that, the cybercrime bill is very important and touches the lives of every Sierra Leoneans and even non Sierra Leoneans. He further encouraged colleagues to reach out to their constituents as far as they could to popularize the bill.

The Leader of the Coalition for Change (C4C) party Hon. Emerson Lamina also reiterated that the cybercrime bill under debate is long overdue because he said, he was privileged to discuss this same cybercrime bill two years ago at the EU Parliament and realized that many AU countries have already enacted the bill. He emphasized the importance of the enactment of the bill adding that, more justice would be done to the bill by the time they evoke Standing Order (SO 51) by bringing in critical aspect into the bill.

He continued that with the enactment of the bill, it would now improve the privacy of people and provides a proper surveillance system for online financial clients and Anti-Money Laundry Act. He added that the bill would also improve more lives, with people having confidence to navigate within cyberspace with ease based on discipline that mitigates cybercrimes.

He concluded by accepting that the calibre of people that have been set up to manage the advisory committee of the bill is very enormous with lot of experience which ranges from ministry of Finance. Ministry of Internal Affairs, the Office of the Attorney General, the Bank governor, Office of the National Security Ministry of Information and Communications etc.

The Independent Candidate Hon. Shiaka Musa Sama affirmed that the bill is not about politics but rather fighting crimes and combating threat to the people’s personal and national security. He added that cybercrimes are common place, alluding to a lot of derogatory remarks directed to innocent persons online. Hon. Sama continued that now is the right time to enact the bill into law, and also appealed to other Members of Parliament to mobilize with collective effort in taking the fight to the criminals. He concluded by also  appealing to his colleagues to help the minister in order to fine tune the bill so that only the criminals would be targeted.

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