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Anti-Cyber Crime Law in Saudi Arabia

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Anti-Cyber Crime Law in Saudi Arabia
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The Anti-Cyber Crime Law in the Kingdom of Saudi Arabia is a set of legal provisions aimed at defining, identifying, penalizing, and combating cybercrimes in the Kingdom. It was issued on March 27, 2007.

Goals of the Anti-Cyber Crime Law in Saudi Arabia

The Anti-Cyber Crime Law aims to combat cybercrimes by identifying such crimes and determining their punishments to ensure the enhancement of information security, protection of rights pertaining to the legitimate use of computers and information networks, protection of public interest, morals, and common values, and protection of the national economy.

Cybercrime penalties as per Anti-Cyber Crime Law

The Anti-Cyber Crime Law outlines specific penalties for various offenses. Anyone who unlawfully intercepts communications transmitted through the information network or a computer system; individuals who threaten or blackmail others to compel them to act or refrain from acting, even if the act is legal; unauthorized access to a website for the purpose of altering its design, causing damage, making modifications, or taking over its URL; invasion of privacy, such as taking photographs with a mobile phone camera or similar devices; and defamation or harm caused through the use of information technology, may face imprisonment for up to one year, a fine of up to SAR500,000, or both

The law stipulates that any person who commits the acquisition of movable property or bonds for oneself or others or signing such bonds through fraud or the use of a false name or identity; or illegal access to bank or credit data, or data pertaining to the ownership of securities with the intention of obtaining data, information, funds, or services offered, is subject to imprisonment for a period not exceeding three years and a fine not exceeding SAR2,000,000, or either penalty.

Any person who commits unauthorized access with the intention of canceling, deleting, destroying, leaking, damaging, altering, or redistributing private data; causing an information network to halt or breakdown, or destroying, deleting, leaking, damaging, or altering existing or used programs or data; or obstructing access to, distorting, or causing the breakdown of services by any means, is subject to imprisonment for a period not exceeding four years and a fine not exceeding SAR3,000,000, or either penalty.

The Anti-Cyber Crime Law stipulates any person who commits the production, preparation, transmission, or storage of material impinging on public order, religious values, public morals, or privacy, through an information network or computer; the construction or publication of a website on an information network or computer to promote or facilitate human trafficking; the preparation, publication, or promotion of material for pornographic networks or gambling activities which violates public morals; or the construction or publication of a web site on an information network or computer to trade, distribute, demonstrate methods of use, or facilitate dealing in narcotic and psychotropic drugs is subject to imprisonment for a period not exceeding five years and a fine not exceeding SAR3,000,000, or either penalty.

The sentence may provide for the publication of its summary at the expense of the convicted person in one or more local newspapers or in any other appropriate medium, depending on the type, gravity, and impact of the crime committed, provided that such publication is executed after the judgment becomes final.

The Anti-Cyber Crime Law stipulates any person who establishes or publicizes a website on an information network or computer for terrorist organizations to facilitate communication with the leaders or members of such organizations, finance them, promote their ideologies, publicize methods of making incendiary devices or explosives, or any other means used in terrorist activities; or unauthorized access to a website or information system directly, or through an information network or computer to obtain data that threatens the internal or external security of the State or its national economy is subject to imprisonment for a period not exceeding ten years and a fine not exceeding SAR5,000,000, or either penalty.

Special case penalties in the Anti-Cyber Crime Law

The Anti-Cyber Crime Law specifies certain cases where the penalty of imprisonment and the fine may not be less than half the maximum, cases are: The crime is perpetrated through organized crime; the offender holds a public office and the crime perpetrated is related to this office, or the offender perpetrates the crime using his power or influence; the luring and exploitation of minors and the like; the offender has been previously convicted of similar crimes within or outside the Kingdom.

Penalties for participation in cyber crimes in the Anti-Cyber Crime Law

Any person who incites, assists, or collaborates with others to commit any of the crimes stipulated in this law is subject to a punishment not exceeding the maximum punishment prescribed for such crimes, if the crime is committed as a result of said incitement, assistance, or collaboration, and he is subject to a punishment not exceeding half the maximum prescribed punishment if the intended crime is not committed.

Exemption from penalties in the Anti-Cyber Crime Law

As per the Anti-Cyber Crime Law, the competent court may exempt any offender from such punishments if he informs the competent authority of the crime prior to its discovery and prior to the infliction of damage. If the culprit informs the competent authority after the occurrence of the crime, the exemption from punishment is granted if the information he provides eventually leads to the arrest of other culprits (if any) or the seizure of the means used in the commission of the crime.

Confiscation of means used in committing cybercrimes

Without prejudice to the rights of bona fide persons, equipment, software, and means used in perpetrating any of the crimes stipulated in this law or the proceeds generated therefrom may be confiscated. In addition, the website or venue where the service is provided may be shut down permanently or temporarily if it is the source for perpetrating the crime and the crime is committed with the owner's knowledge.

The Communications and Information Technology Commission provides assistance and technical support to competent security agencies during the investigation of such crimes and during trial.