The earlier articles on the subject dealt with important defined terms under the Oman Cyber Crime Law, Royal Decree No 12/2011 (Law) and crimes covered under the Law such as violations of confidential data and misuse of informational systems & information technology tools.
Internet fraud, the use of Internet services and IT tools to defraud victims or to otherwise take advantage of them is one of the most common forms of fraud being committed in the present day and effects both individuals and businesses.
Articles 12 and 13 of the Law deal with forgery and information fraud.
Article 12 provides for a minimum imprisonment of one year and not exceeding three years and a minimum fine of RO 1,000 and not exceeding RO 3,000 for a person who uses information technology tools in the commission of informational forgery crimes by changing the nature of such data or the electronic information by addition or deletion or replacement with the intent to use it as proper data or electronic information acceptable in an informational system legally, a matter which might causes personal benefit to him or others or causes damage to others.
Article 12 goes on to provide that if such data or electronic information is governmental, then the penalty shall be imprisonment for a period not less than three years and not exceeding fifteen years and a fine not less than RO 3,000 and not exceeding RO 50,000.
Lastly, Article 12 provides that the aforesaid penalty shall also be applicable to any person who knowingly uses the forged data or electronic information.
Article 13 of the Law provides for a minimum imprisonment of one year and not exceeding three years and/or a fine of not less than RO 1,000 and not exceeding RO 3,000 for any person who intentionally and illegally inputs or amends or changes or commits mischief or disfigures or deletes data or electronic information in an informational electronic system or conceals the information from the system or interferes with the system or its operating tools or breaks down the information technology tools or programs or the electronic sites causing harm to the beneficiaries or the users, to achieve an interest or to obtain benefit to himself or others unlawfully with fraudulent intention.
Article 13 further provides that if the informational system concerns a government unit or a bank or a financial institution, then the punishment shall be imprisonment for a period not less than three years and not exceeding fifteen years and a fine not less than RO 3,000 and not exceeding RO 20,000.
Article 12 of the Law penalizes individuals who use information technology tools in the commission of informational forgery crimes. It is to be noted that the Law does not contain a definition of what constitutes “informational forgery”.
However, the term “forgery” has been defined in the Oman Penal Code as a “deliberate misrepresentation of facts in events or information, the confirmation of which is required by a deed or any other document, from which self-benefit or material, moral or social harm to others may result.”
Article 12 of the Law requires that the act of forgery should result in a personal benefit to the perpetrator or cause damage to the others. In other words, provided that the perpetrator had the intent to deceive and committed any of the acts referred in Article 12, the perpetrator would be liable so long as he benefitted from the act or caused harm or damage to others.
Article 13 of the Law is another important legal buffer against fraudulent manipulation of, or tampering with, information systems and data. The requirement under Article 13 for culpability is that the act must be “intentional and illegal;” it must be committed with “fraudulent intent;” and the act must either harm the beneficiaries or the users to achieve an interest, or unlawfully benefit the perpetrator or others.
As is the case in Article 12 of the Law, Article 13 does not require the act to result in a material gain/benefit for the perpetrator; rather, it would suffice if the perpetrator’s act causes loss/harm to beneficiaries/others. This is important because a lot of cyber crimes in the present day are committed purely for nuisance purposes and merely with the intent to cause disruption or damage without any specific financial or monetary gain or advantage.
The next and last article on the Law next week will touch upon Content Crimes under the Law.
The author heads the Corporate and Commercial practice at ARAB Advocates and Legal Consultants, Oman.
HASSAN SHAD
hassan.shad@arab-law.om
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