Owen Madondo, aka DJ Ollah 7 and Holy Ten
By Dickson Bandera
The recent arrest and subsequent decline of prosecution against media entrepreneur and award-winning journalist Owen Madondo, popularly known as DJ Ollah 7, sparked a heated debate about the new criminal charge of cyberbullying and harassment.
Before and after the trial, many people shared their opinions online, with some supporting Ollah 7, while others believed the former Star FM DJ had a case to answer, along with his guest on the show, Holy Ten.
However, as quickly as issues trend and fade away, Ollah’s case could soon be forgotten as new matters take the spotlight. But this case is different—it revolves around an existing law that governs online behavior, and with the Cyber and Data Protection Act, these legal provisions are relevant in our everyday digital interactions. Therefore, it’s important to understand what the law says.
Some of the online comments, made in ignorance, may have crossed legal boundaries.
The prosecution decided not to pursue charges against Ollah, citing the lack of intent, a crucial element to prove the crime. They stated that Ollah’s actions did not demonstrate the necessary intent to commit the offence, so they could not proceed with the trial.
Although DJ Ollah was exonerated due to the lack of requisite intent, this case has ignited an important discussion that requires attention.
As a country, we need to understand the provisions of this law, which covers a wide range of behaviors and activities in the digital space.
Section 164B of the Cyber and Data Protection (CDP) Act states: “Any person who unlawfully and intentionally by means of a computer or information system generates and sends any data message to another person, or posts on any material whatsoever on any electronic medium accessible by any person, with the intent to coerce, intimidate, harass, threaten, bully or cause substantial emotional distress, or to degrade, humiliate or demean the person of another or to encourage a person to harm himself or herself, shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.”
This section aims to address harmful online behavior, particularly individuals who use electronic platforms to cause distress, harm, or humiliation to others.
The charge emerged due to growing concerns about online abuse, especially with the rise of digital communication through social media and other internet platforms.
The Cyber and Data Protection Act came into effect in December 2021. As a relatively new law, many individuals remain unfamiliar with its requirements and implications. Greater awareness could help prevent violations and reduce online harassment.
Given the prevalence of cyberbullying, public education about the legal consequences of online harassment is essential.
In this article, we will explore the charge and its relevance to the current case. Please note that the following analysis represents the author’s opinion and should not be considered professional legal advice.
Essential Elements of the Offence
For any criminal charge to be substantiated, certain essential elements must be satisfied. These elements, including both criminal conduct and state of mind, are the core ingredients required for a crime to exist.
To secure a conviction under Section 164B of the CDP Act, several key elements must be proven. These encompass both criminal conduct and the mental state of the accused.
Unlawfulness
To determine guilt, the law requires that the act be unlawful. This means that the accused’s actions must be specifically prohibited by criminal law.
Intention to Cause Harm
Intention is a crucial state of mind for this offence. To secure a conviction, the act must be intentional, meaning the perpetrator must have deliberately intended to cause harm, distress, or other negative consequences to the victim. If the act is accidental or unintentional, it will not be sufficient for a conviction.
Use of a Computer or Information System
The law specifically targets digital platforms for harassment, including computers, mobile phones, social media, messaging apps, or any other information system that facilitates the sending or posting of data. The charge is focused on the misuse of technological tools to commit the offense.
Generation and Sending of Data Messages
The person must generate and send a data message, which could be text, images, audio, or video shared via electronic means, such as emails, social media posts, or text messages, with the intent to harm the recipient.
Posting on Electronic Medium
The law applies to material posted on any electronic medium accessible by others, such as social media platforms, websites, blogs, or forums. This targets public-facing online content that could lead to humiliation or distress.
Specific Intentions Behind the Action
The law outlines several specific intentions behind the act, including:
- To coerce, intimidate, or harass
- To threaten, bully, or cause substantial emotional distress
- To degrade, humiliate, or demean
- To encourage self-harm
The law addresses the harmful effects of these actions, which can lead to serious consequences, including psychological distress or even self-destructive behaviors.
Legal Consequences and Penalties
The law imposes fines and imprisonment for those found guilty of cyberbullying and harassment. Offenders may face fines up to Level 10 or imprisonment for up to 10 years, or both. These penalties reflect the seriousness of online abuse, with courts having flexibility to decide appropriate sanctions based on the severity of the offense.
As technology continues to shape society, the law must evolve to protect individuals from the harmful effects of online harassment while respecting fundamental rights like free speech.
