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Communications of the IIMA

Abstract

Cybercrime has evolved to be a menacing challenge to all the countries of the globe. Consequently, it has become necessary for effective laws and policies to be enacted and implemented globally. This paper aims to review the cybercrime legislation of three jurisdictions: Nigeria, South Africa, and the United Kingdom (UK), to examine how each country has conceptualised and legislated cybercrime. The paper begins with a discussion on the definitional considerations necessary for legislating cybercrime. It draws from the Council of Europe Convention on Cybercrime (Budapest Convention) as the primary international convention on cybercrimes, to analyse some of the specific provisions in the laws of the respective countries. It then proceeds to unpack some of the specific provisions in the respective laws and discusses the offence relating to cyberforgery. It considers the offence from a different perspective in each jurisdiction. It examines the crime of cyberforgery by laying the descriptive foundation of the cybercrime in the South African Cybercrimes Act; then briefly considers the role of data insecurity from the UK perspective and finally comments on the challenge it poses for e-commerce from a Nigerian lens. Ultimately, the findings reveal that each country has unique strengths and weaknesses, resulting in varied experiences of cybercrime.

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