3. Moving Beyond Criminal Law Responses to Cybersecurity Governance in Africa
- Authors Uchenna Jerome Orji
- Hit407
Measures to address the security challenges of the information society have given
rise to the concept of cybersecurity governance. One major aspect of cybersecurity
governance is the establishment of legal measures to criminalize and deter malicious
acts that affect the integrity, confidentiality, availability and security of digital data
and computer systems. Accordingly, several States and intergovernmental organizations
across the world have established legal frameworks to promote cybersecurity
governance. This is also the case in Africa. The African Union has adopted a
Convention on Cyber Security and Personal Data Protection, while other African
regional intergovernmental organizations such as the Economic Community of West
African States, the Common Market for Eastern and Southern Africa and the
Southern African Development Community have established legal and policy
frameworks for cybersecurity governance. In addition, many African States have
developed legal and policy frameworks to promote cybersecurity, while some others
in the process of developing such frameworks. However, most of Africa’s responses
to cybersecurity governance have been focused on the establishment of criminal law
measures. Yet while the establishment of criminal law measures is regarded as a
critical component of cybersecurity governance, the isolated existence of such
measures may not produce desirable outcomes in terms of minimizing cybersecurity
vulnerabilities in Africa’s information society. This paper seeks to make a case for
the development of other critical components of cybersecurity governance, including
technical and organizational measures and user education. It suggests that
‘stand-alone’ criminal law measures will not be able to reduce the rising trends of
cyber-criminality in Africa, and that the timely development of other critical components
of cybersecurity governance is imperative especially due to the peculiar challenge of
weak law enforcement capacities and justice delivery systems in many African States.
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