Muizzu Ratifies Three Amendments to Combat Cybercrime
President Mohamed Muizzu has ratified three bills aimed at defining cybercrime and empowering law enforcement agencies to investigate such offences in the Maldives.
The amendments were made to the Criminal Procedure Act, the Penal Code of Maldives, and the Mutual Legal Assistance in Criminal Matters Act.
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The changes are as follows:
Sixth Amendment to the Penal Code of Maldives
This amendment seeks to recognise cybercrime within the legal framework formally and to categorise the following activities as offences of a cyber nature:
- Unauthorised access to computer systems
- Accessing unauthorised computer systems with the intention of committing a crime
- Intercepting unauthorised data on computer systems
- Interfering with unauthorised computer systems
- Misuse of computer systems or similar devices
- Acts of cyber violence
- Computer-related forgeries
- Acts of fraud and misrepresentation related to computer systems
- Infringement on copyright and associated rights
Fifth Amendment to the Criminal Procedure Act
This amendment seeks to enhance the existing bail system outlined in the current act by updating guidelines and procedures and revising existing protocols for granting bail during investigation or trial periods.
It specifies specific circumstances under which individuals can request bail following a conviction, along with a clear framework for appealing such decisions.
In addition, the amendment addresses the growing threat of cybercrimes committed through advanced technologies and computer systems. This legislation grants law enforcement agencies the authority to intercept personal information in such cases and to access retained subscriber and communication data subject to a court order. Additionally, the legislation facilitates real-time data requests through a system established jointly by financial authorities and law enforcement agencies.
The amendment also grants law enforcement and financial authorities the power to freeze assets and halt financial transactions of individuals suspected of involvement in scams. This measure is intended to bolster public safety and protect individuals’ financial resources.
First Amendment to the Mutual Legal Assistance in Criminal Matters Act
This amendment aims to enhance and refine the legal framework for mutual legal assistance between countries in addressing cybercrime and offences involving computer systems and emerging technologies.
It introduces new procedures to improve the discovery of electronic evidence, the preservation and access of information stored in computing systems, and the real-time retrieval of traffic data. Additionally, it outlines methods for inspecting content data while coordinating assistance with international partners.
Additionally, the amendment establishes a dedicated 24/7 network to facilitate the exchange of information related to crimes involving computer data. This initiative aims to streamline securing electronic evidence through mutual legal assistance and delineates the specific areas in which such assistance will be sought.
Following its ratification, all three Amendments have been published in the government gazette and will come into effect as stipulated.
