vision of Communication-Related Information Act
The Regulation of Interception of Communications and Provision of Communication-Related Information Act No. 70 of 2002 (RICA) has repealed the Interception and Monitoring Prohibition Act, No. 127 of 1992 (the Monitoring Prohibition Act), save for sections 2 and 3 of that Act.
Sections 2 and 3 of the Monitoring Prohibition Act prohibit the intentional interception of communication and make provision for the issuing of a direction that would allow one to intercept communication.
RICA seeks to regulate the interception of certain communications and radio frequency spectrums and the provision of certain communication-related information. In terms of RICA, no person may intentionally intercept or attempt to intercept, or authorise another to intercept, any communication in the course of its transmission and occurrence within South Africa.
The objects of RICA include:
- regulation of, the making of applications for, and the issuing of, directions authorising the interception of communications under certain circumstances;
- prohibition of the provision of telecommunication services that do not have the capability to be intercepted;
- provision of costs to be borne by telecommunications service providers;
- establishment of interception centres, the Office for Interception Centres and the Internet Service Providers Assistance Fund; and
- prohibition of the manufacturing, assembling, possessing, selling, purchasing or advertising of certain equipment.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.