Browsing by Author "Munasinghe, M.A.P.M."

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Open Access
Combatting Cyber-Sextortion; Lessons for Sri Lanka from Australia and the United States
(Faculty of Humanities and Sciences, SLIIT, 2020) Harasgama, K. S.; Munasinghe, M.A.P.M.
With the world rapidly becoming digitalized and the internet being an indispensable part of human life, incidents of cyber harassment including cyber-sextortion have also increased. Cyber-sextortion often involves a perpetrator threatening to disseminate private sexual images or videos of a victim unless more sexual image/sexual favours, money or other benefit are provided by the victim. This paper analyses the adequacy of current laws in Sri Lanka in comparison with those of Australia and USA in combating cyber-sextortion. The analysis reveals that although Sri Lank lacks specific laws on cyber-sextortion, some of its existing criminal laws such as the Penal Code provisions on extortion, criminal intimidation, sexual harassment and obscene publications relating to children can be used to a certain extent to prosecute cyber-sextortion. Some provisions of the Computer Crime Act of 2007, Prohibition of Ragging and Other Forms of Violence in Educational Institutions Act of 1998 and Obscene Publications Ordinance No. 4 of 1927 too can be used to a certain extent for this purpose. Australia, on the other hand, has targeted laws on cyber-sextortion, both at federal and state levels. At the Commonwealth level, section 474.14A of the Criminal Code of 1995 and several provisions of the Enhancing Online Safety Act 2015 (as amended) provide an apt gateway to combat cyber sextortion, while at states level, New South Wales, Northern Territory, Australian Capital Territory, Western Australia, South Australia and Victoria appear to have more comprehensive cyber sextortion laws in terms of capturing the offence. USA at the federal level does not have specific provisions on cyber-sextortion but has used non-specific provisions such as general extortion, child pornography, hacking and stalking laws for prosecutions on cyber-sextortion while at the state level, some states have introduced quite comprehensive targeted laws on cyber-sextortion, some have provisions that cover only certain types of cybersextortion. The paper concludes by proposing adoption of a targeted law on cyber sextortion outlining the key elements of a suitable law for Sri Lanka and until then to rely on non-specific provisions which are already available, in order to prosecute perpetrators of cyber-sextortion.
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Specific Offence of Cyber-Sextortion for Sri Lanka
(Faculty of Humanities and Sciences - SLIIT, 2021-03-26) Harasgama, K. S.; Munasinghe, M.A.P.M.
With the world rapidly becoming digitalized and the internet being an indispensable part of human life, incidents of cyber harassment including cyber sextortion have also increased. Cyber sextortion often involves a perpetrator threatening to disseminate private sexual images or videos of a victim unless more sexual image/sexual favours, money or other benefit are provided by the victim. This paper analyses the adequacy of current laws in Sri Lanka in comparison with those of Australia in combating cyber sextortion. The analysis reveals that although Sri Lanka lacks specific law on cyber sextortion, some of its existing criminal laws such as the Penal Code provisions on extortion, criminal intimidation, sexual harassment and obscene publications relating to children can be used to a certain extent to prosecute cyber-sextortion. Some provisions of the Cyber Crime Act of 2007, Prohibition of Ragging and Other Forms of Violence in Educational Institutions Act of 1998 and Obscene Publications Ordinance No. 4 of 1927 too can be used to a certain extent for this purpose. Australia, on the other hand, has targeted laws on cyber-sextortion, especially at state level. Analysis of these laws reveal that most of the state laws, except one, are focused on cyber-sextortion which involves threats to distribute sexually explicit images of a victim and are not broad enough to cover forms of cyber-sextortion involving other types of threats. Having mental elements which focus on intent to cause fear or alarm rather than intent to compel the victim to comply with the demands of the perpetrator was also identified as a drawback of these laws. The paper concludes by proposing adoption of a targeted law on cyber sextortion for Sri Lanka and outlining the key elements of a suitable law.