By Frederick Philander WINDHOEK Impressions of “inaction” by the Namibian government regarding the misuse of modern communication technologies such as mobile phones, was yesterday refuted by the Office of the Prime Minister. Gordon Elliot, coordinator of the E-laws working group in the Prime Minister’s Office, was responding to recent newspaper reports regarding the misuse of a cell phone picture recording facility, which led to the production and circulation of a pornographic image of a schoolgirl by her schoolmate. “The incident led to various responses by ‘those in the know’ about the violation and exploitation of the person of the individual concerned, regarding this very unpalatable incident,” Gordon Elliot said yesterday. In his opinion, the responses, even by some legal experts, created the impression “that there is government inaction that would establish legal certainty regarding the misuse of modern communication technologies, such as sophisticated cell phones now in general use”. “It is already generally accepted in legal circles that the common law in today’s world is somewhat inadequate to deal with the likely misuse of electronic communication means. Stakeholders should note that government is already far advanced with the process to put in place a legal framework on ‘cyber crime’.” Elliot said experts have assisted the Namibian government in the formulation of the appropriate legal stipulations to outlaw the misuse of data generated via information and communications technologies (ICT). “The generation of video images on a cell phone, for example, is in fact ‘data’ created via an ICT facility. The envisaged legislation also takes into account our constitutional rights, which require respect for the dignity of the person and the inviolability of the privacy of our communications, including communications created electronically,” he asserted. “Thus, for example, the Draft Use of Electronic Communications and Transactions (U/ECT) Bill, which the Cabinet Committee on Legislation already adopted in principle in October 2006, has a chapter on ‘cyber crime’ and, among others, will declare the misuse of (electronic) devices, or the making available of data by unauthorized means a crime,” he said. He also explained that this new genus of crime to be enacted is wide in scope and the legislators will give consideration to even making an offence the receiving or possession, without sufficient excuse or justification by a person, of one or more (ICT) devices. “Persons who ‘attempt’ and who are found to be ‘aiding and abetting’ in the misuse of ICTs (e.g. in the creation of pornographic images of minors) would also be guilty of an offence and would be liable to conviction and very stiff penalties (the details of which must still be determined). At a workshop of stakeholders during May 2006 on the Draft Bill, the Hon. Deputy Prime Minister categorically said “Government will take stern action against perpetrators of cyber crime”, the chairman said. Further developments on the U/ECT Bill (which has been drafted under the auspices of the Office of the Prime Minister) are subject to the finalization of the ICT (Telecommunications) Bill which will reach Parliament soon. “Thus, the withholding of the U/ECT Bill became necessary because of the recommendation that governance aspects of this Bill be made subject to the Communications Authority which, again, will be established in terms of the draft ICT Bill. Also, the U/ECT legal framework has highlighted the need to give greater impetus to the need for data protection on privacy and access to information – efforts are underway to create the necessary legal frameworks in this connection as well,” he concluded.