Introduction
Module 7: Cybercrimes
The increase in internet access in the recent past has created a number of new legal challenges. The internet is transnational, amorphous, and difficult to define, and as such the new landscape created by the digital world has often confounded the law when it comes to protecting fundamental rights in the digital age. Old definitions about what constitutes a publisher, or a journalist are increasingly complicated; overcoming the anonymity afforded by many internet platforms can be a difficult, if not impossible, endeavour; and there are serious questions about who is liable for content shared online that may affect multiple parties in different jurisdictions.
Regulating and legislating crimes that occur on, or relate to, the internet has been a difficult undertaking for states and international bodies. It is estimated that African economies are losing $4 billion annually due to cybercrimes,(1) roughly 10% of the continent’s GDP,(2) and Africa now has the third highest number of cybercrime victims in the world.(3) in 2023, Africa continued to be one of the world’s regions targeted most by cybercrime due to the increased digitisation of organisations without the necessary corresponding cybersecurity practices.(4) Without adequate regulatory frameworks and protections, the growth of internet access, e-commerce, and economic development is likely to lead to increased instances of cybercrimes.
In Africa, where the number of new internet users continues to grow at a rapid rate, the increase in access to the internet and information and communications technologies (ICTs) has also led to increased violations of users’ rights. Laws to regulate criminal activity on the internet are increasingly providing tools for the state to suppress dissent or to punish critics and independent media because of their often vague and overly broad nature.
Africa Cyber Surge II
INTERPOL and AFRIPOL collaborated on a joint operation spanning 25 African nations, resulting in the arrest of 14 suspected cybercriminals and the identification of 20,674 suspicious cyber networks, shedding light on the escalating digital insecurity and cyber threats prevalent in the region. These networks were found to be associated with financial losses exceeding USD 40 million.(5)
Dubbed Africa Cyber Surge II, the four-month operation commenced in April 2023 with a focus on uncovering cybercriminals and compromised infrastructure. Led by INTERPOL’s Cybercrime Directorate, in conjunction with the INTERPOL Africa Cybercrime Operations desk and the INTERPOL Support Programme for the African Union regarding AFRIPOL (ISPA), the initiative aimed to enhance communication, analysis, and intelligence sharing among participating countries. By fostering collaboration among African law enforcement agencies, the operation aimed to prevent, investigate, and disrupt cyber extortion, phishing, business email compromise, and online scams.
This operation underscored the efficacy of cybersecurity initiatives when international law enforcement, national authorities, and private sector partners join forces to exchange insights and proactively combat cybercrime. With support from private sector entities such as Group-IB and Uppsala Security, the operation leveraged actionable intelligence to drive its efforts forward, emphasizing the importance of cooperation in safeguarding digital landscapes.
As far back as 2011, the UN Special Rapporteur on freedom of expression warned that:
“[L]egitimate online expression is being criminalized in contravention of States’ international human rights obligations, whether it is through the application of existing criminal laws to online expression, or through the creation of new laws specifically designed to criminalize expression on the internet. Such laws are often justified on the basis of protecting an individual’s reputation, national security or countering terrorism, but in practice are used to censor content that the Government and other powerful entities do not like or agree with.”(6)