The Prevention of Online Scams and Fraudulent Business Practices Act, 2023

The Prevention of Online Scams and Fraudulent Business Practices Act, 2023


**Section 1: Definitions**

1. Online Scam: Any fraudulent or deceptive online activity intended to deceive individuals, obtain sensitive information, or cause financial harm.

2. Fraudulent Business: Any business entity or individual engaging in illegal, deceptive, or fraudulent practices in an online environment.


**Section 2: Prevention Measures**

1. **Registration and Verification:** All online businesses and platforms must register with the appropriate government authority and verify their identities.

2. **Blacklisting IP Addresses:** Law enforcement agencies may blacklist the IP addresses associated with confirmed online scams or fraudulent businesses.

3. **Investigation and Raid:** Law enforcement agencies are authorized to conduct investigations and raids upon reasonable suspicion of fraudulent activities. Warrants are required unless there's an immediate threat to public safety.


**Section 3: Punishments**

1. **First Offense:** Individuals found guilty of online scamming or running fraudulent businesses may face up to six months of imprisonment, fines, or both, depending on the severity of the offense.

2. **Repeat Offenses:** For repeat offenders, penalties may include increased fines and imprisonment, with a maximum imprisonment term of two years for third-time offenders.

3. **Lifetime Internet Ban:** Individuals convicted of three or more offenses related to online scams or fraudulent businesses may be subject to a lifetime ban on accessing the internet and conducting online transactions.

4. **Restitution:** Convicted individuals may be required to provide restitution to victims, compensating them for their losses.


**Section 4: Safeguarding Rights**

1. **Due Process:** All individuals accused of online scams or fraudulent activities are entitled to due process, including a fair trial and legal representation.

2. **Appeals:** Convicted individuals have the right to appeal their cases in accordance with existing legal procedures.

3. **Privacy Protections:** Privacy protections for individuals involved in investigations will be subject to the evidence and the requirements of the case, ensuring that any invasion of privacy is proportionate and justified by the circumstances.

4. **Transparency:** The government should maintain transparency in the enforcement of this law and provide regular reports on its effectiveness.


**Section 5: Reporting Mechanisms**

1. Establish an online platform for citizens to report suspected online scams or fraudulent businesses.

2. Protect whistleblowers from retaliation and ensure their anonymity when reporting.

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