Cybercrime is a growing threat to the security, prosperity and well-being of the Commonwealth and its member countries, and poses a challenge to security, privacy, the economy and human rights. Some of these challenges include a lack of harmonised legal frameworks to address the diverse and emergent forms of sophisticated cyberattacks.
Proper cybercrime legislation is key to a comprehensive and holistic approach in addressing the challenges and opportunities of cyberspace. To combat cybercrime effectively, there is a need for coordinated policies and actions at the national, regional and international levels across the Commonwealth and beyond. In line with the common vision set out in the 2018 Commonwealth Cyber Declaration, all member countries are enjoined to ensure that the cyberspace remains free, open and inclusive across the Commonwealth.
Commonwealth member countries are at various cyber-legislation maturity levels and a lack of adequate legal frameworks and cybersecurity strategies implies a vulnerability to cyber threats. Without an appropriate legal framework, cybercrime will increasingly undermine essential trust and confidence in Information Communications Technologies (ICTs) required for achieving the Sustainable Development Goals (SDGs) and advancing the Commonwealth’s values of democracy, human rights, rule of law and good governance.
Cybercrime legislation should be flexible and adaptable to cope with the dynamic nature of cybercrime and ICTs. The legislation should also foster innovation and creativity in ICT use for social and economic development, which does not infringe on the rights and interests of others. It is therefore imperative that Commonwealth member countries adopt appropriate cybercrime frameworks that can effectively prevent, investigate, and prosecute cybercrime, as well as protect the rights and interests of victims and witnesses.
This mapping report provides an overview of the current state of cybercrime laws and policies in the 56 Commonwealth countries. It highlights challenges, opportunities and best practices for enhancing cybersecurity and resilience. The report aims to foster dialogue and international cooperation for capacity building and to inspire action among all Commonwealth countries in their efforts to tackle cybercrime.
The harmonisation of cybercrime legislation across the Commonwealth will enable international cooperation and mutual legal assistance in combating cybercrime. Appropriate cybercrime legislation should respect and protect human rights and fundamental freedoms, especially the right to privacy, freedom of expression, access to information and due process of law. Such legislation should comply with the principles of legality, necessity, proportionality and accountability.
The Commonwealth Secretariat will continue to assist member countries to build the foundations of an effective national cybercrime response while promoting stability in cyberspace through laws and policies which are people-centred, and which protect human rights and fundamental freedoms.
Rt Hon. Patricia Scotland KC
Secretary-General of the Commonwealth
ORCID: 
CORE (COnnecting REpositories)
CORE (COnnecting REpositories)