Page 36
PART III – COMBATING CYBER CRIME
Section 1: Basic principles
Chapter 1: Definitions
Article III – 1:
For the purpose of this Convention:
1) Electronic communication means any transmission to the public or a section of
the public by electronic or magnetic means of communication, signs, signals,
written matter, pictures, sounds or messages of whatsoever nature;
2) Computerized data means any representation of facts, information or concepts
in any form that lends itself to computer processing;
3) Racism and xenophobia in ICTs means any written matter, picture or any other
representation of ideas or theories which advocates or encourages hatred,
discrimination or violence against a person or group of persons for reasons of
race, color, ancestry or national or ethnic origin or religion, where these serve as
pretext for either racism and xenophobia or as motivation thereof;
4) Minor means any person aged less than eighteen (18) years in terms of the
United Nations Convention on the Rights of the Child;
5) Child pornography means any data, regardless of the nature or form, which
visually represents a minor lending him/herself to explicit sexual act, or realistic
images representing a minor lending himself/herself to explicit sexual behavior;
6) Computer system means any device, be it isolated or otherwise, and a range of
interconnected devices used in part or in whole for automated processing of data
for the purpose of executing a programme.
Chapter 1: National cyber security framework
Article 1: National policy
Each Member State, in collaboration with key stakeholders comprising all levels of
Government, industry and professional organizations, the civil society and citizens in
general, shall put in place a national cyber security policy which recognizes the
importance of essential information infrastructure for the nation, identifies the risks
AU Draft0 010111