15/May/2015

CRIMINAL JUSTICE DISSERTATION

Examining Media Portrayals of and Approaches to Cybercrimes in Botswana

Student Name:
Student ID:
Supervisor:
Course Code:
Course Name:
Faculty:
Department:
Programme:

Tshephaone Reasentse
201104855
Miss. C. Behrens
CJS 421
Research Project
Social Sciences
Sociology
BA: Criminal Justice Studies

Research submitted in fulfilment of the requirement for the degree of

Bachelor of Arts in Criminal Justice Studies (Single Major)

In loving memory of my beloved grandmother who contributed so much on my life, my personal and
professional growth, may her soul rest in peace!
Mrs. Emily Mosidi Bogatsu (1933-2015)

ACKNOWLEDGEMENTS
I must first acknowledge my gratitude to Miss. Camden Behrens whose guidance, supervision for this
dissertation is unrivalled, and also for her meticulous attention to the details of this dissertation.
Credit is also due to other people who offered timeless support and profoundly inspired me namely;
Prof. J. Kiggundu, Prof. K. Acheampong, Prof. D. Sebudubudu, Dr. I.S. Malila, Dr. G. Faimau, Dr. D.
Mpabanga, Dr. R. Kumar, Dr. V.B. Lunga, Dr. Mooko, Dr. N. Swartz, Dr. K. Setlhare, Mrs. M.K.
Gaborone, Mrs. K.T.O. Mashaka, Mr. T. Ntsabane, Mrs. E. Alexander, Mr. P.B. Gunda, Mrs. R. Segokgo,
Mr. G.G. Makofi, Mrs. K. More, Mrs. V. Sekgwathe and lastly to my colleagues, criminal justice
scholars class of 2015.

ii

TABLE OF CONTENTS
ABSTRACT..1
1. INTRODUCTION.1
1.1.

Importance of Research...2

1.2.

Background to the Study..2

1.3.

Statement of the problem..3

2. RESEARCH AIMS AND OBJECTIVES..4

2.1.

Aim of the Study.4

2.2.

Objectives of the Study.4

3. LITERATURE REVIEW.4
3.1.

Review of relevant literature on prevalence of cybercrimes.5

3.1.1. Worldwide.5
3.1.2. African Continent.6
3.1.3. Republic of Botswana7
3.2.

Cybercrime Media Reporting7

3.2.1. Theoretical Frameworks.8

3.2.2. United States of America8
3.2.3. Republic of Botswana...8
3.3.

Legal Situation of Cybercrime (intra and inter jurisdictional measures).10

3.3.1. Republic of Botswana.10

3.3.2. Republic of South Africa11
4. RESEARCH METHODOLOGY..12
4.1.

Research Design..12

4.2.

Sample and Sampling Method..13

4.3.

Data Collection.13

4.4.

Data Display and Analysis.14

5. LIMITATION(S) OF THE STUDY.14

6. ETHICAL CONCERNS...15
7. DATA ANALYSIS AND PRESENTATION.15
7.1.

Daily News Online Newspaper (From 2008-2015)15

7.2.

Sunday Standard Online Newspaper (From 2008-2015)..16

iii

7.3.

The Voice Online Newspaper (From 2008-2015)..17

7.4.

The Mmegi Online Newspaper (From 2008-2015)..18

7.5.

The Midweek Sun Online Newspaper (From 2008-2015)19

7.6.

Online Botswana Guardian Newspaper (From 2008-2015)19

7.7.

Botswana Gazette Online Newspaper (From 2008-2015)..20

7.8.

Echo Online Newspaper (From 2008-2015)..20

8. DISCUSSION OF FINDINGS...21
9. CONCLUSION AND RECOMMENDATION(S).25
10. PLAGIARISM DECLARATION...26
11. REFERENCES27

iv

LIST OF ABBREVIATIONS

ACRI

African Cyber Risk Institute

BPS

Botswana Police Service

CSI

Crime Scene Investigation

CEMAC

Central African Economic and Monetary Union

CoE

Council of Europe

DCEC

Directorate on Corruption and Economic Crime

DISS

Director of Intelligence and Security Services

DDoS

Distributed Denial-of-Service

EAC

East African Communities

ECOWAS

East African Community of West African States

ECTA

Electronic Communications Transactions Act

EU

European Union

FBI

Federal Bureau of Investigations

ICT

Information and Computing Technology

INTERPOL

International Criminal Police Organization

MISA

Media Institute of Southern Africa

MLA

Mutual Legal Assistance

PC

Personal Computer

PROATIA

Promotion of Access to Information Act

RICPCTIA

Regulation of Interception of Communications and Provision of

Communication Related Information Act

RSA

Republic of South Africa

SADC

Southern African Development Community

SSA

Sub Sahara Africa

USA

United States of America

ABSTRACT
This dissertation examines the media representations of and approaches to cybercrimes specifically
in Botswana. In a bid to examine and establish such media representations of cybercrime, data was
collected from seven (7) Botswana online newspapers namely; Daily News, The Echo, Botswana
Guardian, Sunday Standard, The Voice, The Midweek Sun and Mmegi. The argument of this paper is
that cybercrimes in general are underreported by the media despite the economic and other negative
consequences that results from these crimes. In addition, there are more potential victims of
cybercrimes in Botswana therefore cybercrime education is paramount to prevent multiple
victimization of cybercrimes and policing of cybercrimes. Moreover the media often reports and
narrates the outcomes of cybercrime court cases focusing more on the offender thus neglecting the
victims of cybercrimes. Lastly the commonly reported types of cybercrimes are, cyber fraud and card
cloning.
Key Words: Cybercrimes, Media representations

1. INTRODUCTION
Cybercrime in and of itself is of great concern globally, unlike more traditional forms of
communication, the Internet allows users to communicate with many people, cheaply and easily. The
estimated 1.6 billion people on the Internet, approximately 24 per cent of the worlds population,
provide an unprecedented pool of potential offenders and victims of cybercrimes (Clough, 2007),
moreover the expanding wave of Internet connectivity and digital technologies bring us a lot of
convenience, at the same time they also offer criminals more chance to commit crime (Sekgathe &
Talib, 2011). According to Aas, (2007) cybercrime is an elusive phenomenon and can cover a number
of acts and activities1. Wall (2001: 2 in Aas, 2007) points out that the term has no specific referent in
law2 and is a concept mainly invented by the media but consensus is that crimes committed on the
cyberspace are cybercrimes hereinafter defined as, the use of a computer as an instrument to

These can either be the target of the offence, such as when the offender steals information from or cause damage to
the computer system, or a tool by which offence is facilitated, such as fraud or the distribution of child pornography
(Gooch & Williams, 2007).
2
You will seldom find a clear and fixed definition of cybercrime in the interpretation section of a cybercrime statute
but the overall aim of that statute (International, Regional or National) will seek to address and/or combat cybercrimes
vide Council of Europe (COE) Convention on Cybercrime, (2001) and Botswana Cybercrime and Computer related
Crimes Act of 2007.

1|Page

further illegal ends, such as committing fraud, trafficking in child pornography and intellectual
property, stealing identities, or violating privacy (Cybercrime, 2015).

1.1.

Importance of Research

What is vital to discuss is that the media on the other hand plays a pivotal role in reporting incidence
of crimes in general because individuals generally cannot get sufficient information on their own to
make informed decisions on public matters, so they rely on media to provide information therefore,
free media helps ensure that the democratic principle of publicity sometimes referred to as
transparency is satisfied (Media Freedom, 2015). The media also serves as a watchdog by scrutinising
and criticising public officials over the way they manage public affairs (Balule, 2008) and also
addresses issues of national security, cybercrimes being one of them. Therefore with all that said the
purpose of this study was to examine the media reports in relation to the incidence or occurrence of
cybercrimes and establish whether such reports truly reflects the gravity and extent of cybercrimes
in Botswana. Furthermore, various online newspapers both state and private print media were
explored and perused to decipher the portrayals of cybercrimes in general. However, it is worth
mentioning that researcher found very little relevant studies or research done in Botswana on media
representations of cybercrimes. This shows that there is a gap in the information on cybercrime and
media reporting in Botswana, and this makes the study more pertinent.

1.2.

Background to Study

It is evident that the use of modern technology and the cyberspace has not only improved the lives
of individuals in a civil society but also to administration of governments and government service
delivery in most states. The proliferation of digital technology, and the convergence of computing
and communication devices, has transformed the way in which we socialise and do business. While
overwhelmingly positive, there has also been a dark side to these developments. Proving the maxim
that crime follows opportunity, virtually every advance has been accompanied by a corresponding
niche to be exploited for criminal purposes. Our increasing dependence on computers and digital
networks makes the technology itself a tempting target; either for the gaining of information or as a
means of causing disruption and damage. (Clough, 2007). In addition, according to Sekgwathe, (2014)
she is of the view that the exact impact of cybercrime is often underestimated or unknown hence the
disastrous economic impact of these attacks are not well established, this phenomena however
prompted the United States Federal Bureau of Investigations (FBI) to make e-security or cyber

2|Page

security the third unit of its mission because of the unknown disastrous economic impacts of
cybercrime as mentioned above.
Furthermore with the advent of cybercrimes which are regarded a global concern as these crimes do
no occur within country boundaries. In order to address this cross-border crimes, countries had had
to come together to device ways in which cybercrime can be prevented. Amongst others, the 2001
European Convention on Cybercrime also known as the Budapest Convention. The Convention on
cybercrime3 was set up to ensure that countries participate and adopt appropriate legislation hence
harmonization of domestic laws, this Convention however represents a comprehensive international
response to the problems of cybercrime4. The need for harmonization of laws came as a result of the
principle in international law that Countries are understandably protective of their right to impose
their own standards under their domestic criminal law, countries may even see opportunities to
establish themselves as data havens, providing maximum privacy and minimal regulation of content
hosted there. For others, particularly in the developing world, cybercrime may simply not be a priority
(Clough, 2007). This was confirmed by the Attorney General of Botswana (Molokomme A. L., 2012)
in her address to Octopus Cybercrime Conference in France that in Botswana, it was felt that we
had other more pressing challenges that need our attention, resources and time, more than issues
which did not seem to affect the day-to-day lives of ordinary citizens, such as cybercrime.

1.3.

Statement of Problem

In the 2014 state of the Nation address by President S.K.I. Khama stated that the ever changing
environment in the policing landscape presents new challenges such as the growing
sophistication of violent, serious and intrusive, transnational, organized and cybercrimes. Many
Batswana are also falling prey to online as well as more conventional conmen (Khama, 2013).
This is corroborated by Colarik, (2006) that cybercriminals have become skilled and been targeting
asserts to sell because cyberspace encompasses multinational jurisdiction, cybercriminals circumvent
prosecution by operating in countries that have either weak or non-existent computer crime law, or
lack the resources for strong enforcement.

The Convention on Cybercrime remains the most influential international treaty dealing with breaches of law over the
internet or other information networks (Anonymous, Handbook of European data Protection Law, 2014).
4
The Convention also provides for procedural powers covering search of computer networks and interception of
communications in the context of fighting cybercrimes.

3|Page

The media has shown has made their observations on this issue of cybercrimes for example, online
media reports such as Sunday Standard claim that Botswana is a global cybercrime hotspot5. From
this article in that paper it was stated that Botswana has been identified as a potential cybercrime
hotspot which provides organized cybercrime with the ability and the hosting capacity to attack
western countries. This emerged in a research project launched by the International Cyber Security
Protection Alliance to identify how cyber-attacks are likely to evolve over the next eight years. This
research however, has explored the way in which media reporting of cybercrimes is framed, whether
such reports truly reflects the nature and extent of cybercrimes in Botswana. Henceforth, various
online media reports were collected for examination.

2. RESEARCH AIMS AND OBJECTIVES

2.1.

Aim of the Study

The aim of this research is examining the media representations of cybercrimes in Botswana.

2.2.

Objectives of the Study

2.2.1. To assess the extent to which the media in Botswana portrays incidents of cybercrimes
2.2.2. To examine the vulnerability of the users of the cyberspace as reported by the media
2.2.3. To find out the impact of media reporting of cybercrimes on victims and offenders of
cybercrimes
2.2.4. To find out the type of cybercrimes that are reported by the media in Botswana
2.2.5. To establish a nexus between cybercrime reporting patterns and the individual journalists

3. LITERATURE REVIEW
In this section, the review of literature has been categorized into three (3) parts viz; i) Prevalence of
Cybercrime worldwide, ii) Cybercrime Media Reporting and lastly iii) Legal Situation of Cybercrimes
(Inter and Intra-jurisdictional measures). These categories provides an overview on the complexities
of cybercrime and media reporting thereof. As indicated above in the rationale of the research, in
the searching for relevant research on the topic of media representation of cybercrimes, the
researcher could find very little relevant studies or research done in Botswana. Therefore, I relied on
studies conducted in some countries in Africa, Europe and North America.

(Anonymous, Sunday Standard Online Edition. Botswana is Global Cybercrime Hotspot, 2012)

4|Page

3.1.

Review of relevant literature on prevalence of cybercrimes

3.1.1. Worldwide
Studies conducted on the subject cybercrime shows that cybercrime is a growing concern not only
nationally but also internationally. On a global scale, research (The 2013 Norton Cybercrime report)
indicates that 64% of males, compared to 58% of females, are more likely to become victims of
cybercrime6. It also suggests that the highest numbers of cybercrime victims are found in Russia
(85%), China (77%) and South Africa (73%)7. Innocent populace are falling prey to cheats, threats,
money and identity losses, sexual abuses etc. especially on the cyberspace, and most of the victims
around the World especially in developing countries, are still ignorant of their rights on the Web and
the methodology to bring a culprit to book (Sekgathe & Talib, 2011). Moreover, the 2013 Norton
Cybercrime report suggests that 50% of online adults have been victims of cybercrime and/or
negative situations in 12 month period and 41% of online adults have become victim of malware,
viruses, hacking, scams, fraud and theft. Only 3 in 10 adults (31%) however, thought they were more
likely to become a victim of online, rather than offline crime. The 2011 Norton report also indicated
a 3% rise in overall cybercrime since the 2010 survey and reported the most common (and most
preventable) type of cybercrime remained computer viruses or malware8. In addition, the CSI/FBI
Computer Crime and Security Survey in (Clough, 2007) shows that in previous years the most common
category of attack was virus, worm or Trojan infections (64% in 2005). In 2006 the survey split this
category into two new categories, virus or worm infections and Trojan or rootkit infections: fortyfive per cent of respondents experienced virus or worm infections, 21% experienced Trojan or rootkit
infections while 18% experienced both. The relatively high level of attack by Trojans and rootkits
reflects a broader trend of such malware being utilised for ID theft and the creation of botnets9.

The report further showed that almost of the tablet and smartphone consumers leave security behind i.e. they do
not use basic precautions such as passwords, security software or back up files for their mobile device.
7
The report (op cit) shows that Consumers security IQ is high on Personal Computers (PC), and low on mobile phones
because 90% of PC users delete suspicious emails from people they dont know unlike 6% of mobile users. 72% of PC
users have at least a basic free antivirus solution unlike 33% of mobile users and lastly, 78% of PC users avoid storing
sensitive files online as dissimilar to 48% of mobile users.
8
A generic term (short for malicious software) covering a range of software programs and types of programs designed
to attack, degrade or prevent the intended use of a computer network e.g. viruses, worms and/or Trojans (Gooch &
Williams, 2007).
9
A program which infects a targeted computer and allows it to be controlled remotely.

5|Page

A survey released in 2013 by the Ditch the Label anti-bullying charity sampled 10,008 young people
aged between 13-22 years old. Out of the 10,008, 67% were from the United Kingdom, 17% from the
United States of America, 12% from Australia and 4% from other countries. The report identified
different levels of cyberbullying10 across different social networks, showing that: i) 7 out of 10 young
people have been victims of cyber-bullying, and ii) 37 % have experienced cyber-bullying on a highly
frequent basis and 20 % have experienced extreme cyber-bullying on a daily basis. The findings also
showed that the most common social networks for cyberbullying were Facebook (54%), Twitter (28%)
and Ask FM (26%).

3.1.2. African Continent

In a research conducted by Akuta, Ong'oa, & Jones, (2011) showed that eventhough the continent of
Africa was regarded as backwards has been able to get a leap into the world of ICT. According to
Internet World Stats, Internet use in Africa had reached 2.3 per cent of the total worldwide use by
December 2007. Africas internet usage from 2000 to 2007 increased by 423.9 per cent compared to
180.3 per cent for the rest of the world. This high number of users in Africa has made the Internet a
popular means of communication as well as opening new opportunities for online enterprise, and
likewise, a similar increase in cyber-criminal activities requiring an increased effort across the region
to strengthen the information infrastructure, educate users in security awareness, and develop
cybercrime regulations (Olowu, 2009). The rapid rate of diffussion of cybercrime in Africa has been a
call for concern. Due to the lack of security awareness programmes or specialised training for the law
enforcement agencies, many online users are becoming victims of cyber-crime attacks and the
incidence of successful attacks is increasing with impunity. This concern even gets more sickening
when literature indicate that, out of the top ten countries in the world with the high level of
cybercrime prevalence, Sub Sahara Africa (SSA) is host to four of these countries (Nigeria11,
Cameroon12, Ghana and South Africa). In addition notwithstanding the aforesaid, cybercrimes by

10

the act of threatening, teasing, ridiculing and embarrassing another person through technological mediums such as
social networking websites (for example, Facebook, Twitter and Myspace), texting and Instant Messaging (Merwe,
2015)
11
Nigeria is regarded as the hub or safe haven for cybercrime in the world and has been at the spot light from the
international community for its involvement in cybercrime. It is ranked the 3rd in the world behind the USA and Britain
and the 1st within the African continent.
12
A 2010 report by the McAfee cybersecurity firmly cites Cameroon as the worlds riskiest destination for internet
surfers with more than a third (36.7%) of websites hosted in Cameroon being suspicious (McAfee, 2009)

6|Page

their nature are borderless and as a result of this, the SSA countries tried to come up with coordinated
efforts within their regions, in Africa and the wold in general. These efforts have seen Africa Regional
blocks like EAC13, CEMAC, ECOWAS14 and SADC work towards harmonizing, their laws, holding
working sessions to train law enforcement officers and partnering with other international
organizations and companies to fight cybercrimes which has been a success.

3.1.3. Republic of Botswana

In a study by Sekgwathe, (2014) Botswana recorded and reported incident of cybercrimes in the year
2000. In this particular incident, a Bank of Botswana employee electronically transferred over
P2million to an account outside the country from the Bank that he was an employee in [Anonymous,
Botswana Daily News]. This was the first incident of its kind and the country back then did not have
any cyber-crime Act or Information and Communications Act subsequently, the country was left with
no alternative but to use the penal code15 [Fombard CM and Quansah EK; Penal Code Act of Botswana
in Sekgwathe, 2014] despite the fact that technology aided the accused to commit fraud16. This
prompted the country to come up with a cyber-crime bill, which ultimately became the cyber-crime
Act of 2007.

3.2.

Cybercrime Media Reporting:

From the outset mass media representations of crime, deviance, and disorder have been a perennial
cause of concern and research (Anonymous, Media Representations and Responsibilities, n.d.) shows
that in general people overestimate the level of crime in their community, and media representations
of crime are thought to be partly responsible for this; The report further shows that there is
widespread concern that the level and type of crime reported in the media presents a distorted view
of the real level of crime in the community; and that this misrepresentation may lead to prejudice
towards certain groups, stereotyping of certain groups, people becoming isolated from their
community through fear of crime, and the imposition of draconian measures to fight crime. The

13

East African Community Task Force on Cyber Laws

Economic Community of West African States
15
CAP: 08:01
16
Fraud in the literal sense, not cyber-fraud as it should have been the case
14

7|Page

disciplinary role of the media stories about crime, reproducing as well as representing order, is
supported more clearly by research (Maguire, Morgan, & Reiner, 2012). This is partly because media
representations exaggerate the threat of fear of crime and in the main promote policing and
punishment as the antidote. Similarly Pollark, (2007) had the same findings which indicate that news
reporting follows the law of opposites, the characteristics of crime, criminals, and victims
represented in the media are in most respects the polar opposite of the pattern suggested by official
crime statistics. The problem with the above reports is that it did not examine cybercrimes but
instead overgeneralized it as a crime like most traditional forms of crimes despite its uniqueness. In
addition (Reiner,n.d) argues that news reporting of crime and, further, of the particular types of crime
on which journalists disproportionately focus, is selective and unrepresentative. News reporting of
crime victims is equally so.

3.2.1. Theoretical Frameworks

In most qualitative researches such this one I concur with Given, (2008) argument that the term
theoretical frameworks does not have a clear and consistent definition, but for the purpose of this
research it shall be defined as any empirical or quasi-empirical theory17 of social and/or psychological
processes, at a variety of levels (e.g., grand, mid-range, and explanatory), that can be applied to the
understanding of phenomena such as examining the causes of media representations of cybercrimes.
One theoretical concept that is utilized by almost all crime news studies, regardless of other
methodological and theoretical differences, is that of newsworthiness as argued by (Maguire,
Morgan, & Reiner, 2012). News content is generated and filtered primarily through reporters sense
of newsworthiness, what makes a good story that their audience wants to know about. On the issue
of cybercrime media reporting I shall look at the United States of America (USA) and Botswana to
establish the discrepancies and similarities.

3.2.2. United States America (USA)

Researchers such as (Clough, 2007) argued that media reporting of cybercrime may present a
distorted picture. As with other forms of crime, it is tempting to focus on the novel and/or the

17

A theory, in both every day and scientific use, is normally used to denote a model or set of concepts and propositions
that pertains to some actual phenomena; a theory can provide understanding of these phenomena or form the basis
for action with respect to them. Qualitative researcher do no usually design their research primarily to apply or test
formally constructed theories about the topics and settings they study. Instead they normally seek to better understand
these topics and settings through their investigations and to inductively develop theory about these from their data.
(Given, 2008).

8|Page

sensational rather than the mainstream, and stories of computer misuse may be uncritically accepted
and repeated by the journalists. A case in point is that of Aron Caffrey an 18-year-old hacker who was
charged with a target cybercrime18, the defense he pioneered (Trojan horse defence) was that
someone hacked into his computer Turkish hackers and tried to frame him, claiming they regularly
seized control of chat rooms and other Internet sites. He said his computer operating system allowed
remote access and control and therefore was vulnerable to Trojan horse programs and this defence
has been used successfully in cases in which the use of a computer was incidental to the crime.
Brenner, (2010) argued in his observation that If the Trojan horse defense is routinely used to win
acquittals in U.S. cybercrime cases, that is not being reported by the media. Because the media tends
to report the outcome of cases that go to trial, the lack of media reports of Caffrey-style victories
suggests his success may be something of an aberration.

3.2.3. Republic of Botswana

There is very little research conducted in Botswana on the topic Media Representations of
Cybercrime. According to a study conducted by Ernest and Young in Sekgwathe and Talib, (2014) their
findings were that the exact impact of e-crime is often underestimated or unknown hence the
disastrous economic impact of these attacks is not well established. When discussing cybercrime
media reporting in Botswana, it important to highlight the state of press freedom which may be a
factor in cybercrime media reporting and in a report from Botswana Freedom House, (2015) it shows
that while press freedom is not explicitly guaranteed in the constitution of Botswana, clauses
safeguarding freedoms of speech and expression undergird extensive legal protections for media
outlets, and the government generally respects these freedoms in practice. However, the
constitution contains a number of provisions concerning national security, public order and public
morality that can be used to limit media freedom. Moreover cybercrimes are national security issues
so media reporting will be relatively low as opposed to other traditional forms of crimes.
A typical case in point to illustrate the nature of media freedom in Botswana is the recent case that
was published online in the MISA website19 titled Botswana Gazette journalists, Lawyer arrested
over story wherein, the Directorate on Corruption and Economic Crime (DCEC) officers raided the

18
19

They include hacking, malware, and Distributed Denial of Service (DDoS) attacks
(Anonymous, Botswana Gazette Journalist, Lawyer arrested over Story, 2015)

9|Page

Botswana Gazette offices shortly after 1400Hrs on May 6, 2015 with a warrant to confiscate
computers and documents of the organization. The following day (May 7), DCEC officers returned
and placed under arrest Shike Olsen, acting Editor Lawrence Seretse and the journalist Innocent
Selatlhwa. It later became evident that the arrests were related to an article published by the Gazette,
titled DCEC foils Chitube, Reatile and Moumakwas alleged P150 million oil deals. The article linked
a deported Zambian national, Jerry Chitube, to illegal activities for Botswanas intelligence arm, the
Directorate on Intelligence and Security Services (DISS), and the ruling Botswana Democratic Party.
This was a concern for MISA Botswana because three Gazette employees were arrested and detained
for almost five (5) hours inside the holding cells of the DCEC. Their lawyer, Joao Salbany was also
arrested and detained, but at a different location at Mogoditshane Police Station (Anonymous,
Botswana Gazette Journalist, Lawyer arrested over Story, 2015).

3.3.

Legal Situation of Cyber-crimes (Intra-jurisdictional and Inter-jurisdictional

Measures)

3.3.1. Republic of Botswana

According to Clough, (2007) criminal law is traditionally regarded as local in nature, being restricted
to the territorial jurisdiction in which the offence occurred. Modern computer networks have
challenged that paradigm. As individuals may now communicate overseas as easily as next door,
offenders may be present, and cause harm, anywhere there is an Internet connection. To bring these
statements into context, the Botswana Penal Code of 2005 does not succinctly acknowledge or
capture cybercrimes as offences and has constraints but the Extradition Act addresses issues of
jurisdiction amongst the states provided such states had entered into some extradition treaty with
Botswana. The law enforcement officers are faced with enormous challenges when dealing with
cybercrimes and this was seen in the Voice newspaper claim that Modipane Sex Spree turns into
Rape20, which was later amended in the charge sheet to electronic traffic in pornographic or obscene
material21
The former prosecutor Mr. Ngakaagae, (2010) who was from time to time prosecuting cybercrimes,
explained that whereas there is a framework for mutual legal assistance (MLA) between Botswana
and the countries involved in the fight against cybercrimes, there are no clear lines of communication

20
21

(Anonymous, Modipane Sex Spree turns into Rape, 2015)

Section 16 of Cybercrime and Computer Related Crimes Act, CAP: 08:06

10 | P a g e

or service level agreements to make cooperation smooth and effective. This legal assistance (MLA)
which form an important part of the fight against cybercrime, are handled by the Directorate of Public
Prosecutions. Notwithstanding that, Botswana has a generous mutual legal assistance legislation
which makes possible, assistance to any country with which Botswana has some reciprocal form of
MLA arrangement. Ngakaagae, (2010) asserted that no agreement exists with the European Union
(EU), and Botswana has not acceded to the EU convention on cybercrime. Botswana cybercrime
legislation however is based on the EU model and borrows heavily (almost word for word) from the
same. With the exception of the absence of a provision specifically enabling real time interception of
traffic data there would appear to be little, if any, legal impediment to requirements for accession,
but in attempting to address the issues relating to the current cybercrime and computed related
crimes act, the Permanent Secretary in the Ministry of Defence, Justice and Security, Segakweng
Tsiane outlined the following strategies put in place by Botswana Government in dealing with cyber
security such as the drafting and reviewing of laws such as Counter terrorism Bill, Proceeds and
Instruments of serious Crime Bill, Human trafficking Bill, Criminal Procedure and Evidence Act and so
on (Anonymous, Botswana workshop advances SADC Cyber Security reforms, 2015).
Ngakaagae, (2010) further alludes to the fact that although it is desirable that Botswana accede to
the EU Convention, true consensus is unachievable. Countries are understandably protective of their
right to impose their own standards under their domestic criminal law, particularly when we consider
the myriad of interests that come into play when seeking to regulate the Internet and other new
technologies. What may be achieved, however, is a broad consensus which can then be built upon in
the future for those areas where there is less international agreement. This is the approach adopted
by the Council of Europe Convention on Cybercrime, the first, and so far the only, multinational
instrument to address issues of cybercrime. (Clough, 2007)

3.3.2. Republic of South Africa (RSA)

It is worth mentioning that South Africa has been ahead of Botswana especially on issues of
legislation in place that deals primarily with cybercrimes. Supplementary this was shown by Snail S.,
(2009) who argued that prior to the enactment of the Electronic Communications Transactions Act
(ECTA), Act 25 of 2002, the common and statutory law at that time could be extended as widely as
possible so as to cater for the arrest and successful prosecution of online offenders in South Africa.
One can easily apply the common law crimes of defamation, indecency (Online child pornography,
decimation of child porn) among other things. There are also other statutes viz; The Interception and
11 | P a g e

Monitoring Act, the Regulation of Interception of Communications and Provision of Communication

Related Information Act (RICPCRIA) Act 70 of 2002, the Electronic Communications and Transactions
Act (ECTA) and the Promotion of Access to Information Act (PROATIA) all of which generally prohibits
the unlawful interception or monitoring of any data message which could be used in prosecuting
hacker and crackers.
The ECTA in its entirety comprehensively deals with Cyber-crimes in Chapter XIII and has now created
legal certainty as to what may and not constitute Cyber-crime. (Snail S. , 2009) further contends that
it is refreshing to note that the South African legislature did not make cybercrimes an abstract
concept of legal writing and logically created crimes that do not only cover crime after the advent of
the computer but also before the advent of the computer and that the mere attempt of these crimes
also constitutes a criminal transgression. The crimes as stated in the ECTA are however not exempt
from scrutiny. The enforceability of the ECTA provisions are still to be tested in South African courts
and some legal practitioners and adjudicators (magistrates and judges) need to be educated and
mentally conditioned to embrace the cybercrime provisions of the ECTA. In the case of R v Douvenga
(District Court of the Northern Transvaal, Pretoria, case no 111/150/2003, 19 August 2003,
unreported) the accused, on or about 21 January 2003, in or near Pretoria and in the district of the
Northern Transvaal, intentionally and without permission to do so, gained entry to data which she
knew was contained in confidential databases and/or contravened the provision by sending this data
per e-mail to her fiance (as he then was) to hou (keep). The accused was found guilty of
contravening section 86(1) of the ECT Act and sentenced to a R1 000 fine or imprisonment for a
period of three months. (S L. Geredal (2006) 282). Hacking has now been entrenched in our law in
s86 (1) of the ECTA which makes any unlawful access and interception of data a criminal offence. The
above case illustrate the effectiveness of the South African Cyber law.

4. RESEARCH METHODOLOGY
4.1.

Research Design

The research in its entirety was a qualitative research and exploratory22 because the researcher
wanted get an insight on cybercrime media reporting and on this basis, attempt to explain why the
media represents cybercrimes the way they do. Given the short time for this research (3 months),

22

Research in which social phenomena are investigated without priory expectations, in order to develop explanations
of them (Bachman & Schutt, 2014)

12 | P a g e

the research was cross-sectional23 that is, data was collected there and then within a period of a
semester (March, April and May 2015). In addition, this was a case study24 in the Botswana context
and relied heavily on secondary data analysis hence most online-newspapers were analysed both
public and private media. The research entailed an extended literature review to supplement the
findings.

4.2.

Sample and Sampling Method

Since the research was conducted within a short period of time, for the purpose of Botswana, It was
imperative to provide an overview of the Botswana media by categorizing it into two namely; i) Print
media (Botswana Gazette, Botswana Guardian, Botswana Daily News, Midweek Sun, Sunday
Standard, The Voice and Ngami Times) ii) Broadcast Media (Television: Botswana Television-BTV
which is state owned, Radio: Gabz FM, Radio Botswana 1, Radio Botswana 2, Yarona FM and Duma
FM) (Republic of Botswana-Government portal, 2014). In addition, Radio Botswana and Botswana
Television falls under the department of Broadcasting Services. So my sample was based on online
print media thus simple random sampling25 because there are very few online newspapers to deal
with so, I used (7) private newspapers26 and one (1) public newspaper. The reason being that I had
to be as objective as possible because private media has been framed to be anti-government and
state media pro-government, so I had to consider them both despite the fact that there is only one
state online newspaper.

4.3.

Data Collection

As elucidated in the research design above, the research was qualitative therefore the data collection
instrument employed was the document study or analysis of documents27. The newspaper articles
which were perused online from their respective websites were; the Botswana Daily News, Botswana

23

A study in which data are collected at only one point in time.

A research approach in which one or more social phenomenon are studied in depth and the advantages are; case
studies have been the major source of theoretical innovation and also case studies has an affinity towards descriptive
goals (Given, 2008).
25
A method of sampling in which every sample element (e.g. online newspaper) is selected only on the basis of chance,
through random process.
26
Botswana Gazette, Botswana Guardian, Botswana Daily News, Sunday Standard, Mmegi, MidWeek Sun, Echo and The
Voice
27
The standard approach to the analysis of documents focuses primarily on what is contained within them. In this
frame, documents which in my case were online newspapers are viewed as conduits of communication between a
writer and a reader-conduits that contain meaningful messages. The most straightforward approach to document
content involves the adoption of content analysis which allowed me to concentrate on word and phrase counts as well
as numerical measures of textual expression (Given, 2008).
24

13 | P a g e

Gazette, Botswana Guardian, Mmegi, The Voice, The Echo and Sunday standard online newspapers,
reported online stories from 2008 to 2015 the reason being that the cyber laws were assented by the
cabinet on 2007 so the idea was to see whether the media view this law as a deterrent measure of
these cybercrimes and how this law is administered by courts both on victims and offenders of
cybercrimes.

4.4.

Data Display and Analysis

In my blueprint of data analysis, the intention was to analyse the data using the thematic coding and
analysis28 where data collected would be categorised into themes29 all of which describes the various
dimensions of the fact in issue, how the media in Botswana frames cybercrimes so as to ascertain the
trends and patterns of words used, their frequency, their relationships, the structures and discourses
of communication. In addition as stated from above, the research was a case study and the data
collection method was content analysis which is the intellectual process of categorizing qualitative
textual data into clusters of similar entities, or conceptual categories, to identify consistent patterns
and relationships between variables or themes. Lastly, the styles of data display adopted was mixed
methods that is graphic summaries30 and quotes31.

5. LIMITATION(S) OF THE STUDY

This was a desktop research and time factor was the main challenge of this research because three
(3) months was not enough to conduct a well ground-breaking and extensive research on cybercrime
and media reporting which appears on the face of it to be the first of its kind in Botswana as indicated
above in the literature review.

28

Thematic analysis is a data reduction and analysis strategy by which qualitative data are segmented, categorized,
summarized and reconstructed in a way that captures the important concepts within the data set (Given, 2008).
29
An idea that recurs in or pervades a work of art or literature, themes typically are derived from codes generated by a
qualitative researcher (Given, 2008).
30
These include tables, bar graphs, pie charts, line graphs, matrices, hierarchical relationship indicators and flow charts.
All of these provide a quick summary of considerable chunks of data, producing an overall snapshot which can then be
more fully explained and illustrated with other forms of qualitative display such as quotes or case studies (Grbich,
2007).
31
This usually involves the display of key quotes. When more than one quote is displayed, the purpose is to
demonstrate the variety in responses or to emphasise the concordance of a range of views on a particular issue. In both
cases, the display acts as a starter for more detailed explanations or discussions (Grbich, 2007).

14 | P a g e

6. ETHICAL CONCERNS
For this section even though it is important for every academic research, in my case it does not apply
in the sense that the research relied heavily on secondary data and content analysis unlike if it
involved dealing with human beings directly.

7. DATA ANALYSIS AND PRESENTATION

As highlighted above, thematic coding was used to analyse the following data. Below is a coding
frame presented in tables showing the hierarchy of codes extracted from various newspapers that I
have perused.

7.1.

Daily News Online Newspaper (From 2008-2015)

NEWS PAPER

CODE

CATEGORIES/THEMES ANALYTIC CODE

ARTICLE(S)
Ballout goes to Jail

Cybercrime court

Incidence of

Offender

case

cybercrimes

representation

Anti-cybercrime

Education on

Vulnerability of the

Victim

workshops

Cybercrime

users of the

representation

important

cyberspace

Cybercrimes

Cybercrime

extraditable-

Legislation

Types of cybercrimes

Reporting patterns
and journalists

Minister

The coding frame above illustrates how Botswana Daily newspaper which is a state owned newspaper
displays cybercrimes and their occurrence. I must state that from their database within a period of 7
years (2008-2015) only eight (8) articles were retrieved which discussed specifically cybercrimes. This
clearly shows that cybercrimes are underreported as they should. What can be deciphered from the
above table is that the reporter(s) of the daily newspapers tend to focus more on the offenders and
thats what I learned from four (4) Articles which focused more on Joseph Ballout who was facing
cybercrime offenses. On the victim aspect, only one article discussed the vulnerability of the users of
the cyberspace because it stressed on the essence of cybersecurity, this was indicted when it was
15 | P a g e

reported that Ms. Segakweng the permanent secretary in the Ministry of Defence, Justice and
Security contended for the need for public education on cybercrime32. The problem with the 8 articles
I read was that daily news journalists tend to omit other important information which would
otherwise give credit to the story such as the case of Ballout where they did not report the victims
position his/her whereabouts and so on. In short the state media does not report incidence of
cybercrimes more often than other crimes in general.

7.2.

Sunday Standard Online Newspaper (From 2008-2015)

NEWS PAPER ARTICLE(S)

CODE

CATEGORIES/THEMES ANALYTIC CODE

Cybercrime suspects

Cybercrime

Incidence of

Offender

remanded

court case

cybercrimes

representation

Police commissioner

Cybercrime

Reporting patterns of

Offender

issues alert on cybercrime

policing

cybercrime

representation

Cybercrimes and

Cybercrime

Types of cybercrimes

Extent of

cybercriminals

specific

Cybercrimes

reporting
AON survey shows

Cybercrime

Vulnerability of Users

Victim

cybercrime, terror risk are

specific

of the cyberspace

representation

under-rated by captive

reporting

directors
Botswana is global

Cybercrime

Vulnerability of Users

Victim

cybercrime hotspot

specific

of the cyberspace

representation

reporting

On the face of it, what can be deduced from the above Sunday standard coding frame is that,
cybercrime representation is fairly good as opposed to the Daily News. From the sixteen (16) articles
I perused where detailed and succinct portraying both offenders and potential victims equally. I must
also state that some reporters of Sunday standard where contradictory in their stories in the sense
that a there would be a mismatch in the title of the story an example is an article titled No Laws in

32

(BOPA, Anti-cybercrime workshops important, 2014)

16 | P a g e

Botswana to combat Internet crime published on the 9th February 2012 by Calistus Bosaletswe33,
when you read the contends you will discover that there are laws that attempts to address internet
crimes as he put it, the issue was the difficulty faced by law enforcement to extradite offenders who
committed cybercrime outside Botswana and also to indicate that Cybercrime and Computer Related
crime Act was enacted in 2007 so this results in misinformation. The problem I observed which was
similar to online Daily Newspaper was that the reporting patterns of journalist are more or less the
same in the sense that when they report cybercrimes they either focus solely on the offender or
victim not both which is ideal so that a reader may be able to conclude that the victim of cybercrime
incurred financial losses and the type of assistance he sought. What I can say is that Sunday Standard
reports incidence of cybercrimes in a satisfactory manner because from their stories it clearly shows
various business companies in the private sector and some in the public sector are vulnerable and
likely to become victims of cybercrime should it happen.

7.3.

The Voice Online Newspaper (From 2008-2015)

NEWS PAPER ARTICLE(S)

CODE

CATEGORIES/THEMES ANALYTIC CODE

Dan Kenosi denied

Cybercrime court

Incidence of

Offender

Bai

case

cybercrimes

representation

An obvious assumption looking at the above coding frame would be under-reporting of cybercrimes
in general by the voice newspaper. It barely reports cybercrime and I must indicate that I managed
to retrieve seven (7) articles all of which had the key word cybercrime. Moreover what I learnt from
this newspaper was that it sensationalise issues before they are verified and title of the stories and
the contents of the story are almost invariably haphazard and inconsistent particularly on
cybercrimes. The way this newspaper reports stories is more of exaggeration which has the effect of
defaming victims of cybercrimes in general. Out of the 7 articles, only one reports on the offender
who was alleged to have committed a cybercrime offence hereinafter Dan Kenosi who was denied
bail34. The type of cybercrime that was reported is distribution of pornographic materials online.

33
34

(Bosaletswe, 2012)
(Matota, 2015)

17 | P a g e

7.4.

The Mmegi Online Newspaper (From 2008-2015)

NEWS PAPER ARTICLE(S)

CODE

Cybercrime law gets

Cybercrime

teeth

legislation

Facebook, SMS bill

Cybercrime

passes

prosecutorial

CATEGORIES/THEMES ANALYTIC CODE

Types of cybercrimes

Extent of cybercrimes

Types of cybercrime

Extent of cybercrimes

Types of cybercrime

Extent of cybercrimes

procedure
Cybercrime cases on

Cybercrime specific

the increase

reporting

cybercrime poses

Cybercrime policing

Types of cybercrimes

Extent of cybercrimes

MISA Press release

Cybercrime court

Incidence of

Offender

on Daniel Kenosi

case

cybercrimes

representation

challenge to the
police

From the above mmegi coding frame, of the ten (10) articles I perused so far the conclusion would
be that the focus is more on addressing the extent of cybercrime, but there is no specific reference
to victims of cybercrimes at all rather only offenders are included in the story. Mmegi newspaper
acknowledges that cybercrime cases are on the increase and by far the types of cybercrimes reported
involve fraudulent commercial or monetary transactions; and card cloning where skimming devices
are placed in ATM machines to duplicate information from a victims debit card. In fraudulent online
shopping, victims are lured into fully paying for non-existent goods before delivery35.

35

(Anonymous, Cyber crime poses challenge to police, 2015)

18 | P a g e

7.5.

The Midweek Sun Online Newspaper (From 2008-2015)

NEWS PAPER ARTICLE(S)

Modipane trio

CODE

Cybercrime reporting

arrested on

CATEGORIES/THEMES ANALYTIC CODE

Incidence of

Reporting patterns

cybercrimes

and journalists

Cybercrime penalty

electronic trafficking
in pornographic
material
Guilty verdict test

Cybercrime court

Incidence of

Botswanas

case

cybercrimes

Convicted

Cybercrime court

Incidence of

Offender

cybercriminal

case

cybercrimes

representation

cybercrime law

thrown in jail

The above Midweek Sun coding frame shows that cybercrime media reporting is poor because I was
able to retrieve only three (3) articles from the database. The problem with these articles was,
cybercrimes were not discussed in detail instead there was constant reference to the Cybercrime and
Computer Related crimes Act. Just like the voice newspaper the, the stories portrays only offenders
of cybercrimes but very little reference is done to the victims thereof.

7.6.

Online Botswana Guardian Newspaper (From 2008-2015)

NEWS PAPER ARTICLE(S)

DCEC investigates
digital migration

CODE

Cybercrime reporting

CATEGORIES/THEMES ANALYTIC CODE

Incidence of

Extent of cybercrimes

cybercrime

What I can deduce from the four (4) articles that I have read together with interpreting the above
coding frame, firstly Botswana guardian newspaper reports incidence of cybercrime piecemeal and
the way it reports its stories would persuade a reader that cybercrimes are not of public concern.
Secondly, it does not establish both the victims and offenders of cybercrimes but will give a vague

19 | P a g e

reference and only financial consequences of such crimes because in one of the articles was claimed
that Botswanas digital migration will cost the government 1 billion pula (BWP)36.

7.7.

Botswana Gazette Online Newspaper (From 2008-2015)

NEWS PAPER ARTICLE(S)

CODE

Lack of cybercrime

Cybercrime

legislation putting

Legislation

CATEGORIES/THEMES ANALYTIC CODE

Vulnerability of Users Victim protection
of the cyberspace

you at risk

Botswana gazette has only one (1) article on cybercrimes in their online data base up to date. This
also shows that cybercrimes are under-reported by the newspaper. What can be said is that the
above article or story merely criticizes the Cybercrime and Computer Related crimes Act in that it
does not fully protect victims of cybercrime. The newspaper alleges that 60% of people still use a
single email for everything, not knowing that it provides easy access for hackers which shows that a
significant number of people are vulnerable to cybercrimes.

7.8.

Echo Online Newspaper (From 2008-2015)

NEWS PAPER ARTICLE(S)

CODE

Cyber-crime biggest

Education on

threat to economy

Cybercrime

Cyber-criminal jailed

CATEGORIES/THEMES ANALYTIC CODE

Types of cybercrimes

Extent of cybercrimes

Cybercrime court

Incidence of

Offender

case

cybercrimes

representation

Metrotech to Host

Education on

Incidence of

Extent of cybercrimes

cyber-crime summit

Cybercrime

cybercrimes

Apart from the obvious contention that Echo online newspaper under-reports cybercrimes, on the
article cyber-crime biggest threat to economy37 has unpacked the complexities of cybercrimes and
has clearly defined cybercrime in express terms to mean illegal or illicit activity committed through
the use of computers and internet which was their first point of discussion. Moreover the reporter
also claims that human trafficking and illegal money transfer and fraud which are now thriving
36
37

(Anonymous, DCEC investigates digital migration, 2013)

(Anonymous, Cyber-Crime; Biggest Threat to Economy, 2014)

20 | P a g e

through the use of computers and internet are now categorized as cyber-crimes. I must also indicate
that the reporter also claims that Botswana has also been ranked as one of the most secretive country
where fraud and illegal financial deals thrive, thus fraud and tax evasion in the business and financial
sector has expressed concern that millions of swindled money from Botswana is siphoned through
countries such as Zimbabwe. The aforesaid article is detailed and satisfactory because it discusses
the types of cybercrimes that occur, the extent of cybercrimes particularly the banking sector and
the report further claims that there is an Non-Governmental Organization called African Cyber Risk
Institute (ACRI) that have a research department, which gathers information from the public and
receive first-hand information from victims who lost money from their banks and it was indicated
that cyber-crime is increasing in phenomenal speed. Botswana have been subjected to millions of
spam the past decade, customers lost money through cyber dating scam, and people lost money
from banks. A lot was learnt from this article and on a lighter note just like other journalists from
other papers, when reporting cybercrime court cases the attention is more on the offender only
which is something common so far.

8. DISCUSSION OF FINDINGS
It is important to allude to the fact that there is little to no research conducted on media
representation of cybercrimes particularly in Botswana therefore the prime focus in this section
predominantly lies on the correlates between this study and international research as discussed from
the literature review. The findings of this research echoes most of the findings that were discovered
before and upon analysing most online newspaper articles, there was a pattern of reporting that I
observed and some overarching themes which will be discussed in detail in this section. By and large
the media in Botswana generally underreports incidence of cybercrimes because from a period seven
(7) years i.e. from 2008-2015 one would find a range of 1-16 articles/stories on cybercrimes from
each newspaper database as opposed to traditional crimes generally. This finding however affirms
the study that was conducted by (Reiner,n.d) who suggested that news reporting of crime and,
further, of the particular types of crime on which journalists disproportionately focus, is selective and
unrepresentative.
Notwithstanding the above, I must also indicate that the findings of this research shows that,
Botswana media tends to report cybercrime court cases and narrates what transpired from the case.
This reflects (Brenner, 2010) findings that as with other forms of crime, the media tends to report

21 | P a g e

the outcome of cases that go to trial, and stories of computer misuse may be uncritically accepted
and repeated by the journalists. In addition, the findings of this research furthers shows that the story
of Joseph Ballout38 and Daniel Kenosi39 was often repeated by six (6) newspapers from different
media houses i.e. Daily newspaper, Sunday standard newspaper, The Voice newspaper, Mmegi
newspaper, Midweek Sun newspaper and the echo. Furthermore, majority of journalists from various
media house tend to report cybercrimes as crimes that offenders would hardly get bail, which gives
an implication that the courts are unjust in handling cybercriminals, thereby labelling cybercriminals
as guilty before they go to trial. An example was when a journalist (Shapi, 2014) from Daily
Newspaper reports that the presiding magistrate Mrs. Linah Oahile-Mokibe uttered a statement
during trial to the effect that Ballout was man enough to take care of his actions, noting that the
sentence was meant to send a strong message to would-be criminals who might be tempted to act
likewise, another journalist (Pheko, 2014) from The Echo newspaper had the same perspective;
Joseph Ballout found out the hard way that crime does not pay silver haired cybercrime convict
Joseph Ballout will learn his fate today a strong statement that which incriminates an offender. The
findings of this research showed that the media is biased because unlike Joseph Ballouts court case
the perspective was to prejudge him as guilty and that he should taste his own medicine but for
Daniel Kenosis case the perspective was that the state was arbitrarily using its power to persecute
and label innocent offenders. The issue was diverted from cybercrimes as Kenosi was facing to
infringement of media freedom because Daniel Kenosi was and is still a journalist. This is how it was
reported (Matota, 2015); Scores of journalists and members of the public thronged the Village
Magistrate Court on Wednesday morning to offer support to Daniel Kenosi, a young journalist and
publisher who was arrested and jailed last week and also more people were interviewed namely;
BPS Public Relations Officer Mr. Christopher Mbulawa and MISA Botswana spokesperson, an extract
from the voice newspaper and mmegi newspaper (Matota, 2015: MISA press release on Daniel
Kenosi, 2015);
In a press statement MISA noted that the Acts used to charge Kenosi may not pass
constitutional muster because they are too wide and, therefore, are an unreasonable
infringement of section 12 (1) of the Constitution which provides for freedom of expression,

38

convicted on single charge of unlawful possession of computer devices and 14 cashing and paying cards designed for
the commission of cyber fraud crimes has been fined P10 000 and sentenced to six months prison term (Shapi, 2014).
39
A suspect in a case of unlawful distribution of pornographic or obscene material contrary to section 16 of the
Cybercrime and Computer Related Crimes Act (Matota, 2015).

22 | P a g e

which includes freedom by the media to communicate information without hindrance In our
view, all these blanket provisions ought to be challenged in court for breaching freedom of
expression.
Cybercrimes are portrayed to have negative effects and consequences which are detrimental to the
economy of a country as a whole and Mowaneng, (2015) gave this report the effects of cyber-crime
can affect the development of businesses in a bad manner thus denting the image of an organisation.
I must also indicate that the findings shows that some private newspapers tends to blame the
government for not doing enough to fight cybercrimes despite the continuously increasing levels of
cybercrimes, example from a report from Botswana gazette; On the governments side, Deputy EGovernment Controller, John Vassiliadis agreed that the cyber law had been surpassed by the
advancement of technology (Mogende, 2013) this affirms (Sekgwathe, 2014) findings that the exact
impact of cybercrime is often underestimated or unknown hence the disastrous economic impact of
these attacks are not well established, one journalist reported this in the echo
newspaper(Anonymous, Cyber-Crime; Biggest Threat to Economy, 2014); While there are no
statistics on cyber-crime activities in this country, human trafficking and cagey illegal financial deals
are among the worrying cyber-crime activities which are threatening the local Gross Domestic
Product (GDP). Lastly the findings further gives an impression is that there are more potential victims
of cybercrime in Botswana because there is lack of awareness of cybersecurity measures, training
and education all of which coincide with (Olowu, 2009) findings there is a need to educate users in
security awareness, and develop cybercrime regulations.
The literature shows the common types of cybercrimes reported are target cybercrimes, example
viruses, malwares and cyber fraud (Brenner, 2010: Sekgathe & Talib, 2011). The findings of this report
shows that cyber fraud, card cloning are the common types of cybercrimes reported by the media
(mmegi newspaper and the echo);
illegal money transfer and fraud which are now thriving through the use of computers
and internet are now categorized as cyber-crimes40... cybercrime cases on the increase Cyber
criminals have swindled over P9 million from Batswana, with cases of credit card fraud
increasingly41... the most common cybercrime involve fraudulent commercial or monetary

40
41

(Anonymous, Cyber-Crime; Biggest Threat to Economy, 2014)

(Anonymous, Cyber crime cases on the increase, 2014)

23 | P a g e

transactions; and card cloning where skimming devices are placed in ATM machines to
duplicate information from a victims debit card. In fraudulent online shopping, victims are
lured into fully paying for non-existent goods before delivery42.
The findings of this report shows that victims of cybercrimes are neglected because the focus tends
to be more on the offenders and only a few articles discusses the proactive measures that potential
victims of cybercrimes can employ, this was reported in the echo newspaper (Anonymous, CyberCrime; Biggest Threat to Economy, 2014) in the following manner;
ACRI Managing Director Beza Belayneh made an observation that organizations are making
significant investments on security systems and processes he also emphasized that computer
and internet users must be educated continuously on emerging threats on cyber space..
Project 2020 will deliver information and recommendations that raise awareness amongst
governments, businesses and citizens to help them prepare their defences against future
threats43.
Lastly the literature shows that due to the lack of security awareness programmes or specialised
training for the law enforcement agencies, many online users are becoming victims of cyber-crime
attacks and the incidence of successful attacks is increasing with impunity (Olowu, 2009), the findings
of this report reflects the same and mmegi newspaper (Anonymous, Cyber crime poses challenge to
police, 2015) claims that Even though the offence of cybercrime is extraditable, it is often a challenge
for the police to utilise government resources in search of suspects who in the end will be charged
with minor offences such as insultSo far, there is no specialist unit in Botswana dealing with
cybercrime.

42
43

(Anonymous, Cyber crime poses challenge to police, 2015)

(Anonymous, Sunday Standard Online Edition. Botswana is Global Cybercrime Hotspot, 2012)

24 | P a g e

9. CONCLUSION AND RECOMMENDATION(S)

The general consensus is that, the media in Botswana i.e. both the state and private media
underreports incidence of cybercrimes as opposed to traditional crimes such as robbery, burglary
and so on. This however, gives an implication that journalists are selective and only reports crime
news that are newsworthy to their target audience. In addition, the media reports and narrates
outcomes of cases that go to courts, focusing more on offenders thus neglecting victims of
cybercrimes. Notwithstanding that, cybercrimes have economic and negative impacts on the victims
thus advocating for constant and continuous education on cybercrimes and cybersecurity. Lastly, the
types of cybercrimes reported by the media are cyber fraud and credit card cloning which calls for
public private partnership of all the stakeholders who are affected by these types of crimes, primarily
the banking sector as it appears to be the case at the moment.

25 | P a g e

10.

PLAGIARISM DECLARATION

Tshephaone Reasentse

I _____________________________, the author of this paper do hereby acknowledge that the

contents and information contained therein the report were compiled and analysed by myself thus
any other information forming part of this report were cited where necessary to acknowledge other
authors from whom I referred to. Hitherto, any deceiving information or suspicious content provided
thereof forming part of this despite this declaration shall be subjected to the provisions provided
therein the University of Botswana Academic Policies and upon perusal whether in full or partial,
plagiarized content of this paper shall result to a failing grade by the instructor. Any error(s) in this
report are/is of course my own.

15

May

2015

Submitted on the __________Day of _____________ month, _______________ year

Authors Signature:

________________________________

26 | P a g e

REFERENCES
Aas, K. F. (2007). Globalization and Crime. London: Sage Publications.
Abraham, R. (2012). Media and National Security. New Delhi: KW Publishers Pvt ltd.
Akuta, E. A., Ong'oa, I. M., & Jones, C. R. (2011). Combating Cyber Crime in Sub-Sahara Africa; A
Discourse on Law, Policy and Practice. Journal of Research in Peace, Gender and
Development Vol. 1(4), 129-137.
Anonymous. (1-2). Media Representations and Responsibilities. Australian Psychological Society,
<www.psychology.org.au>, 2000.
Anonymous. (2012, July 23). Sunday Standard Online Edition. Botswana is Global Cybercrime
Hotspot. Retrieved from
http://www.sundaystandard.info/article.php?NewsID=14537&GroupID=1
Anonymous. (2013, August 26). DCEC investigates digital migration. Retrieved from
http://botswanaguardian.co.bw/news/570-dcec-investigates-digital-migration
Anonymous. (2013, February 18). Sunday Standard Online Edition. Police Commissioner issues alert
on Cybercrime. Retrieved from http://www.sundaystandard.info
Anonymous. (2014, November 18). BW Government website: Republic of Botswana-Government
portal. Retrieved from http://www.gov.bw/ministries--Authorities/Ministries/StatePresident/
Anonymous. (2014, November 18). BW government: RESPONSE TO US STATE DEPARTMENT PRESS
STATEMENT ON MR. MOKONE. Retrieved from
https://www.facebook.com/permalink.php?story_fbid=688968094519185&id=1482284119
26492
Anonymous. (2014, December 11). Cyber crime cases on the increase. Retrieved from
http://www.mmegi.bw/index.php?sid=1&dir=2007/
Anonymous. (2014, June 10). Cyber crime law gets teeth. Retrieved from
http://www.mmegi.bw/index.php?sid=1&aid=30&dir=2007/October/Friday5

27 | P a g e

Anonymous. (2014, October 17). Cyber-Crime; Biggest Threat to Economy. Retrieved from
http://www.echoonline.co.bw/index.php/business/item/2248-cyber-crime
Anonymous. (2014). Handbook of European data Protection Law. Council of Europe.
Anonymous. (2014, January 19). Sunday Standard Online Edition. AON survey shows cybercrime,
terrorism are under rated by captive directors. Retrieved from
http://www.sundaystandard.info
Anonymous. (2015, April 1). Botswana Freedom House. Retrieved from
http://freedomhouse.org/report/freedom-press/2013/botswana
Anonymous. (2015, May 11). Botswana Gazette Journalist, Lawyer arrested over Story. Retrieved
from http://www.misa.org/misa-chapters/botswana/item/3070-botswana-gazettejournalists-lawyer
Anonymous. (2015, March 9). Botswana workshop advances SADC Cyber Security reforms.
Retrieved from http://minetravel.co.bw/general-news/2014/06/06/botswana-workshopadvances
Anonymous. (2015, September 3). Cyber crime poses challenge to police. Retrieved from
http://www.mmegi.bw/index.php?aid=7640
Anonymous. (2015, March 11). MISA press release on Daniel Kenosi. Retrieved from
http://www.mmegi.bw/index.php?aid=50320
Anonymous. (2015, May 11). Mmegi Online: Challenges of Botswana Journalism. Retrieved from
http://www.mmegi.bw/index.php?sid=1&aid=24&dir=2008/july/friday18
Anonymous. (2015, March 14). Modipane Sex Spree turns into Rape. Retrieved from
http://m2.facebook.com/TheVoiceBW?v=timeline&page=1sectionLoadingID=m_timeline_lo
ading_div_1393660799_0_36_1&timestart=0&
Anonymous. (2015, March 13). Modipane trio arrested on electronic trafficking in pornographic
material. Retrieved from http://themidweeksun.co.bw/news/5309-modipane-tro-arrestedon-electronic-trafficking-in
Atkey, R. (1991). Reconciling Freedom of Expression and National Security. The University of
Toronto Law Journal, Vol.41, No. 1, 38-59.
28 | P a g e

Bachman, R., & Schutt, R. K. (2014). The Practice of Research in Criminology and Criminal Justice.
Carlifornia: Sage Publications.
Balule, B. T. (2008). Insult Laws: A Challenge to Media Freedom in SADC's fledging Democracies?
The comparative and International Law Journal of Southern Africa, Vol. 41, No.3, 404-427.
Batisani, O. (2014, August 1). Cyber-criminal Jailed. Retrieved from
http://www.echoonline.co.bw/index.php/local-news/item/1892-cyber-criminal-jailed
Baxter, A. (2014). Improving responses to Cybervictimization in South Australia. Victim support
service incorporated, pp: 1-29.
BOPA. (2013, February 12). Cybercrimes extraditable- minister. Retrieved from
http://www.dailynews.gov.bw/news-details.php?nid=942
BOPA. (2014, June 8). Anti-cybercrime workshops important. Retrieved from
http://www.dailynews.gov.bw/news-details.php?nid=11907
Bosaletswe, C. (2012, February 9). Sunday Standard Online Edition. No laws in Botswana to combat
internet crimes. Retrieved from http://www.sundaystandard.info
Botswana National e-Government Strategy. (2011-2016).
Brenner, S. W. (2010). Cybercrime Criminal Threats from Cyberspace. Carlifornia: praeger.
Broadcasting Regulations Subsidiary Legislation. (2010). Gaborone: Government Printer.
Clough, J. (2007). Principles of Cybercrime. Cambridge: Cambridge University Press.
Colarik, A. M. (2006). Cyber Terrorism: Political and Economic Implication. London: Idea Group
Publishing.
Constitution of Botswana. (2005). Gaborone: Government Printer.
Council of Europe (COE): Convention on Cybercrime. (2002). International Legal Materials, Vol. 41,
No. 2 , 282-302.
Cybercrime. (2015). Encyclopaedia Britannica Ultimate Reference Suite, Chicago: Encyclopaedia
Britannica.
Cybercrime and Computer Related Crimes Act. (2007). Gaborone: Government Printer.
29 | P a g e

Ditch the Label, 2013, pp. 1-16 viewed 21 April 2015. (2015, April 21). Retrieved from
http://www.ditchthelabel.org/annual-cyber-bullying-survey-cyber-bullying-statistics
Fick, J. (2009). Cyber Crime in South Africa: Investigating and Prosecuting Cyber Crime and the
Benefits of Public-Private Partnerships. Price Water House Coopers (PCW).
Given, L. M. (2008). The Sage Encyclopedia of Qualitative Research Methods. Los Angeles: Sage
Publications.
Gooch, G., & Williams, M. (2007). Oxford Dictionary of Law Enforcement. Oxford: Oxford University
Press.
Grbich, C. (2007). Qualitative Data Analysis: An Introduction. London: Sage Publications.
Greer, C. (n.d.). News Media, Victims and Crime.
Harf, M. (2014, November 18). On Arrest for Sedition in Botswana of Outsa Mokone. Retrieved from
https://www.facebook.com/U.S.EmbassyGaborone/posts/10152667315540359
James, L. P. (2014, November 3). Cybercrime and Cybercriminals. Retrieved from
http://www.sundaystandard.info/article.php?NewsID=21374&GroupID=5
Jewkes, Y. (2004). Media and Crime: Key Approaches to Criminology. London: Sage Publications.
Khama, S. K. (2013). State of the Nation Address. Gaborone: Botswana Government.
Mackinnon, P. (1977). Conspiracy and Sedition as Canadian Political Crimes. McGill Law Journal,
622-643.
Maguire, M., Morgan, R., & Reiner, R. (2012). The Oxford Handbook of Criminology (5th Ed.).
Oxford: Oxford University Press.
Marvasti, A. (2008). Doing Qualitative Research: A Comprehensive Guide. Carlifornia: Sage
Publications.
Marvasti, A. B. (n.d.). Qualitative Research in Sociology.
Matota, L. (2015, April 3). Dan Kenosi denied bail. Retrieved from
http://www.thevoicebw.com/2015/04/03/dan-kenosi-denied-bail/

30 | P a g e

Media Freedom. (2015). Encyclopaedia Britannica Ultimate Reference Suite, Chicago: Encyclopaedia
Britannica.
Media Practitioners Act. (2008). Gaborone : Government Printer.
Mediadefence. (2014, November 18). Explaining Issues: Sedition. Retrieved from Mediadefence
Website: http://mediadefence.org/stories/explaining-issues-sedition
Merwe, C. V. (2015). The Nature and Extent of Cyberbullying of Senior High School Students at
Abbotts College (Century Gate Campus) (Bachelors Degree Thesis). University of South
Africa.
MISA. (2014, November 18). Botswana-Media Institute of Souther Africa. Retrieved from MISA Web
site: http://www.misa.org/misa-chapters/botswana
Moeng, G. (2014, June 10). Facebook, SMS bill passes. Retrieved from
http://www.mmegi.bw/index.php?aid=178
Mogende, M. (2013, April 24). Lack of cyber crime legislation putting you at risk. Retrieved from
http://www.gazettebw.com/lack-of-cyber-crime-legislation-putting-you-at-risk/
Molokomme, A. (2011). Combating Cybercrime in Botswana. University of Botswana Law Journal,
55-59.
Molokomme, A. L. (2012). The Botswana Experience with Cybercrime Legislation and other
Measures. Octopus Conference on Cooperation Against Cybercrime, (pp. 1-5). Strasbourg.
Morula, M. (2013, July 28). Cyber crime suspects remanded. Retrieved from
http://www.sundaystandard.info
Mowaneng, G. (2015, February 27). Metrotech To Host Cyber-crime Summit. Retrieved from
http://www.echoonline.co.bw/index.php/business/item/2488-metrotech
Ngakaagae, K. (2010). Botswana (Experiences on Cybercrime). Octopus Interface Conference, (pp. 14). Strasbourg.
Olowu, D. (2009). Cyber-Crimes and the Bounderies of Domestic Legal Responses: Case for an
Inclusionary Framework for Africa. Journal of Information, Law & Technology (JILT),
<http://go.warwick.ac.uk/jilt/2009_/olowu>, 1-18.
31 | P a g e

Penal Code. (2005). Gaborone: Government Printer.

Pheko, I. (2014, May 27). Convicted cyber criminal thrown in jail. Retrieved from
http://themidweeksun.co.bw/news/4889-convicted-cyber-criminal-thrown-in-jail
Pheko, I. (2014, May 15). Guilty Verdict test Botswana's cyber crime law. Retrieved from
http://themidweeksun.co.bw/news/4884-guity-verdict-tests-botswana-s
Pollark, J. M. (2007). Crime in News: How Crimes, Offenders and Victims Are Portrayed in the
Media. Journal of Criminal Justice and Popular Culture, Vol. 14 No. 1, 1-25.
Reiner, R. (n.d.). Crime in the Media: Subversion, Social Control, or Mental Chewing Gum? In Media
Made Criminality The Representation of Crime in the Mass Media (pp. 376-416).
Republic of Botswana-Government portal. (2014, November 18). Retrieved from BW Government
website: http://www.gov.bw/ministries--Authorities/Ministries/State-President/
Robinson, L. (n.d.). National Security, the Law and the Media: Shaping Public Perceptions.
International Law Studies, Vol.83, 198-202.
Robinson, P. (2008). Dictionary of International Security. Cambridge: Polity Press.
Sedition. (2013). Encyclopedia Britannica. Encyclopedia Britannica Ultimate Reference Suite,
Chicago.
Sekgathe, V., & Talib, M. (2011). Cybercrime Detection and Protection. Springer, 171-181.
Sekgwathe, V. (2014). E-Crime; A Digital Syndromme That Needs To Be Cured. International Journal
on Recent and Innovation Trends in Computing and Communication. Vol: 2, No. 12, 38593865.
Shapi, B. (2014, May 22). Ballout goes to jail. Retrieved from http://www.dailynews.gov.bw/newsdetails.php?nid=11520
Snail, S. (2009). Cyber Crime in South Africa-Hacking, cracking and other unlawful online activities.
Journal of Information, Law & Technology (JILT), <http://go.warwick.ac.uk/jilt/2009/snail>,
1-13.
Snail, S. L. (n.d.). Strengthing IT Security: Mastering the Key to Preventing Cyber Fraud, Cyber Crime
in South Africa. Snail Attorney-at-Law, 1-36.
32 | P a g e

Sorial, S. (2010). Can Saying Something make it So? The Nature of Sedious Harm. Law and
Philosophy, Vol.29, No.3, 272-305.
Symantec. (2015, April 21). '2013 Norton Report', Symantec, pp. 1-28. Retrieved from
http://symantec.com/about/news/resources/press_kits/detail.jsp?pkid=norton-report-2014

33 | P a g e