protection and the identification, declaration and protection of critical
information infrastructure, inter alia.
As noted by some discussants, and rightly so, the Act has certain progressive
provisions which could strengthen the regime against cybercrimes which are
on the rise. Prior to the CCA, the legal regime against cybercrime was
anchored on the Electronic Communications and Transactions (ECT) Act No.
21 of 2009 and the ICT Act No. 15 of 2009. The two Acts were not as effective
given certain limitations posed by rapid advancements in technology as well
as the challenges regarding admissibility of electronic evidence for effective
prosecution of certain cyber or digital crimes. The CCA was, thus, an attempt
to cure this challenge identified in the implementation of the two precursor
laws.
However, the 2021 Act has an expanded scope with various provisions which
provide remedies beyond the legal ailments identified above. This is against
the backdrop of the current legal regime which has several laws that are
inimical to freedom of expression as indicated in the discussion on media
regulation in the preceding section. As can be noted from sentiments in the
Focus Group Discussion, the Cyber Security and cyber-crimes Act in its
totality threatens freedom of the media given some excessive provisions which
could allow for arbitrary application or targeting of critical individuals as well
as undermining investigative journalism. This could in turn create a chilling
effect.
For example, an FGD discussant stated that:
The Cybercrimes and Cyber Security Act has affected us as the media
personnel; sometimes when dealing with a client face to face, there is a sense
of confidentiality one needs to have but if you decide to use a gadget, this means
there is a breech. Mostly when conducting interviews with these gadgets we are
somehow compromised.

Another discussant noted that:
It is a two-way thing. It somehow is a good move because of the fact that we
have a lot of citizen journalism going on and some of it is unprofessional where
people will capture without finding out what happened; it is beginning to
diminish the actual professionalism of our job. Putting laws and regulations

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