The communications authority has cautioned that the circulation of private content without consent constitutes a criminal offence only when it breaches the provisions of the Communications Act. 

Violations of the Act provisions can lead to serious legal consequences, including imprisonment for up to five years, a fine of up to N$20 000, or both, according to Section 117(2) of the Act.

This cautionary statement comes as the Communications Regulatory Authority of Namibia (Cran) reminded all users of telecommunications services and devices of a responsibility to use these tools responsibly and lawfully. 

“As digital connectivity continues to expand across Namibia, it is vital to uphold trust, safety and security within our digital ecosystem. Cran reaffirms its unwavering commitment to educating consumers, investigating unlawful conduct and enforcing compliance to foster a secure and trustworthy communication environment for all Namibians,” reads a statement from the authority. 

Under Section 117 of the Communications Act (No. 8 of 2009), certain conduct related to telecommunications is criminalised. 

These offences are designed to protect individuals, particularly vulnerable groups such as women, children and persons with disabilities, from harassment, exploitation and harm. 

They also safeguard the integrity of Namibia’s digital infrastructure and support the nation’s broader digital transformation agenda.

Section 117(1)(c) of the Act states: “Any person who: by means of a telecommunications device knowingly – makes, creates or solicits; or initiates the transmission of, any comment, request, suggestion, proposal, image or other communication, which is obscene, lewd, lascivious, filthy or indecent, with the intent to annoy, abuse, threaten or harass another person, commits an offence and is liable on conviction to a fine not exceeding N$20,000 or to imprisonment for a period not exceeding five years, or to both such fine and imprisonment.

“Specifically, offences include but are not limited to sending obscene or indecent communications with the intent to harass or target minors or other individuals; making anonymous or repeated calls intended to threaten, intimidate, or abuse others; and engaging in unlawful interception, tracing, or recording of messages or communications,” stated Mufaro Nesongano, Cran’s executive for communication and consumer relations. 

Cran has reiterated that these offences have far-reaching impacts, such as threatening individual privacy, compromising personal safety and undermining the security of victims, especially vulnerable groups. 

Furthermore, such conduct erodes public trust, hampers social cohesion and poses risks to national security by potentially disrupting digital infrastructure. 

They also impede Namibia’s progress toward a secure, reliable and inclusive digital future.

Moreover, possessing stolen devices or infrastructure, such as cellphones, copper wires or fiber optics; unauthorised access to protected broadcasting and telecommunications services; and circulating indecent material, including images of accidents, nudity, or other offensive content are also offences related to telecommunication services and devices.

“Cran emphasises that these offences are criminal in nature. Victims or concerned individuals are strongly encouraged to report such incidents to the Namibian Police Force to initiate criminal proceedings. Our law enforcement agencies are equipped to investigate and take appropriate action against offenders,” he added.

Moreover, Cran said it remains committed at the highest level to maintaining order within the communications sector, protecting consumer rights and ensuring compliance with legal and regulatory standards. 

We call on all users to exercise responsibility, respect others’ rights and adhere to the law. 

By doing so, we can collectively foster a digital environment where trust, safety and innovation thrive.

“For further information or to report unlawful conduct, please contact Cran or your local law enforcement authorities. Together, let us build a safer and more trustworthy digital Namibia,” said Nesongano.