Cybercrime and Computer Related Crimes Act, 2018 (No. 18 of 2018) (Botswana)

The Cybercrime and Computer Related Crimes Act, 2018 (Act No. 18 of 2018) is Botswana's principal cybercrime statute. Gazetted on 29 June 2018, it repealed and replaced the earlier Cybercrime and Computer Related Crimes Act, 2007 (Chapter 08:06), modernising the country's framework for computer-enabled offences. The Act runs to 36 sections across four parts: Part I (Preliminary), Part II (Offences), Part III (Procedural Powers) and Part IV (Miscellaneous Provisions). Part II creates a comprehensive set of offences. Core technical offences include unauthorised access to a computer, computer system or computer service; access with intent to commit or facilitate a further offence; unauthorised interference with data or with a computer system; unlawful interception of data; unlawful possession of devices or data; unauthorised disclosure of a password or access code; and damage to a computer or computer system. The Act also criminalises cyber fraud and a group of content and communication offences, cyber harassment (punishable by up to six months' imprisonment and/or a P10,000 fine), cyber stalking (up to one year and/or P20,000), cyber extortion and offensive electronic communication. Several offences carry escalating penalties where committed with intent to secure unlawful access or cause harm. Part III equips law-enforcement and prosecuting authorities with procedural powers tailored to digital evidence, including search and seizure of computer systems and data, orders for the preservation and disclosure of stored data, and provision for real-time collection and interception of traffic and content data under judicial control. These powers are designed to support cross-border investigation and cooperation. Institutionally, the Act is associated with the Botswana Communications Regulatory Authority (BOCRA), which publishes and supports the framework, while investigation and prosecution are carried out by the Botswana Police Service and the Directorate of Public Prosecutions. For the ATLPF library the instrument is tagged Cybercrime and cross-referenced to Botswana's Data Protection Act, 2024. It reflects Botswana's effort to align domestic law with regional and Commonwealth model approaches to computer crime.

1. 1Part II offences: unauthorised access to a computer/system/service; access with intent to commit a further offence; unauthorised interference with data or a computer system; unlawful interception of data; unlawful possession of devices or data
2. 2Unauthorised disclosure of a password or access code; damage to a computer or computer system; cyber fraud
3. 3Content/communication offences: cyber harassment (≤6 months / P10,000), cyber stalking (≤1 year / P20,000), cyber extortion, offensive electronic communication
4. 4Part III procedural powers: search and seizure of systems and data, preservation and disclosure orders, real-time collection and interception of traffic and content data under judicial control
5. 5Repeals and replaces the Cybercrime and Computer Related Crimes Act, 2007 (Chapter 08:06)
6. 6Administered with the Botswana Communications Regulatory Authority (BOCRA); enforced by the Botswana Police Service and Directorate of Public Prosecutions
7. 7Designed to support cross-border investigation and cooperation