Cybercrime policies/strategies
Bhutan does not have any officially recognized national cybercrime policies/strategies.
However, the Government of Bhutan framed the Information and Communications Technology Policy and Strategies (BIPS), in 2009.
The said Policy and Strategies focus on making governance more efficient, transparent and inclusive, introducing a modern legal and regulatory framework, strengthening the relevant policy and regulatory bodies, and investigating ways to fund ICT and reduce the costs of ICT services.
Further, Policy Guideline on Information sharing of Bhutan of 2016, stipulates the Bhutan ICT Policy and Strategy (BIPS) is to create a Bhutanese info-culture. As Bhutan moves towards constitutional monarchy and parliamentary democracy, ICT and media can help in boosting the internal efficiency of Government and improving the ability of citizens to access key information and services. ICT and media can help to create interactions between citizens and Government, where citizens can identify their needs. With rapid modernization taking place in the country, Government decision-makers, citizens and businesses will increasingly demand access to information to assist them in making better decisions.
Further, Information and Media Policy of the Royal Government of Bhutan states that Information and media play a central role in development in knowledge based society. Because of its diverse and pervasive impact, information and media are integral to socio-cultural change, shaping and transforming values, lifestyles, national economies as well as socio-political systems. In Bhutan’s rapidly changing socio-economic, cultural and political scenario, information and media are already vital forces that touch all national priorities. Information and media are recognized as the most appropriate tools to overcome the challenges posed by a rugged geography, to reach scattered communities in all corners of the country, and to help the nation deal with a globalized world in a new century.
Cybercrime legislation
State of cybercrime legislation
Substantive law
The Information, Communications and Media Act of Bhutan 2018 & Penal Code of Bhutan are the main substantive law.
The Bhutan Information, Communications and Media Act 2018 includes the following cybercrimes:
Online Privacy (sections 336 - 343); Security Of Payment And Personal Information (sections 344 - 346); Unsolicited E-Mail (section 347); Communications With Children (sections 348-351); Unlawful Disclosure of data and information (section 388); Unauthorised Downloading, copying and extraction of data (section 389); Tampering with computer source code (section 390); Unauthorised interception or access to Critical Information Infrastructure (section 403); Deliberate interference (section 405-407); Unauthorised Access To Computer Material (Section 413-414); Unauthorized Access to computers, computer systems, networks, computer data, content data and traffic data (Section 415-416); Dishonestly receiving computer material or data (section 417); Identity Theft (section 418); Cheating by impersonation using a computer (section 419); Wrongful Communication (Section 420); Publishing or transmitting obscene communications (section 421-423); Publishing or transmitting obscene communications depicting children (section 424); Online Harassment (Section 426-428); Online Gambling (Section 429-430); Cyber terrorism (section 431-432); Fraudulent Use Of Public ICT System (Section 433-434); Interception And Disclosure Of Messages (Section 435-436); Misleading Messages And Interception And Disclosure Of Messages (Section 437-438); Entry and search of the premises (section 443-444); Power Of Police Officer To Access Computer And Data (Section 445-446); Examiner of electronic evidence (section 454-455); Definitions (section 464).
In addition, Penal Code of Bhutan also includes the following crimes:
Eavesdropping (Section 468); Grading of eavesdropping (Section 469); Unauthorized opening of mail or parcel (Section 470); Grading of unauthorized opening of mail or parcel (Section 471); Tampering with computer materials (Section 472); Grading of tampering with computer materials (Section 473); Unlawful possession of computer materials (Section 474); Grading of unlawful possession of computer materials (Section 475); Computer pornography (Section 476); Grading of computer pornography (Section 477).
Procedural law
The main general framework available to all cybercrime investigations is embodied in the Bhutan Information, Communications and Media Act 2018 as also the Civil and Criminal Procedure Code of Bhutan.
Bhutan Information, Communications and Media Act 2018 provides specific procedural measures, applicable to all the investigations related to cybercrime including:
Entry And Search Of Premises (Section 443-444); Offences and Penalties (Chapter 22); Disposal Of Apparatus And Other Seized Property (Section 449-453).
The Civil and Criminal Procedure Code of Bhutan, provides for the rights of the people and the obligations of the Authorities. The enactment of the Civil and Criminal Procedure Code was the most crucial and significant reform the judiciary had initiated.
Safeguards
General rules and safeguards apply.
There are no particular rules for cybercrimes but the normal safeguards are detailed in the Bhutan Information, Communications and Media Act 2018 as also the Civil and Criminal Procedure Code of Bhutan and rules and regulations made thereunder.
Specialised institutions
The Royal Bhutan Police (RBP) is Bhutan’s national police force, which has a Cyber Crime Unit. The roles and responsibilities of this cell shall be to investigate all types of cybercrime as per the instruction; to assist the police stations in the investigation of cybercrime committed in their jurisdiction; and to carry out any other roles assigned from time to time. INTERPOL National Central Bureau (NCB) for Bhutan is part of the Investigation Bureau. The role of NCB, Thimphu is to facilitate the exchange of confidential police data between the RBP and the international police community, using INTERPOL's secure global police communications network I-24/7. One of the NCB’s major objectives is to assist the RBP in tracking down fugitives and fighting regional, transnational and international crime. The NCB provides RBP investigators with the information they need to carry out their investigations and make the link with criminal activity in countries around the world. With its hand-on access to INTERPOL's wide range of databases, INTERPOL Thimphu has a key role to play in assisting the RBP combat international crime, particularly in cases of cybercrime, money laundering, counterfeiting and fraud.
International cooperation
Jurisprudence/case law
Sources and links
Information and Communications Technology Policy and Strategies (BIPS) https://www.moic.gov.bt/wp-content/uploads/2016/05/bips_update.pdf;
Policy Guideline on Information sharing of Bhutan https://www.moic.gov.bt/wp-content/uploads/2016/05/policy-guideline-info-sharing.pdf
Information and Media Policy of the Royal Government of Bhutan https://www.moic.gov.bt/wp-content/uploads/2016/05/Information_and_media_policy.pdf
Bhutan Information, Communications and Media Act 2018 https://www.moic.gov.bt/wp-content/uploads/2018/02/ICM-Act-2018.pdf
Penal Code of Bhutan http://www.judiciary.gov.bt/forms/PENAL%20CODE.pdf
Civil and Criminal Procedure Code of Bhutan http://www.judiciary.gov.bt/forms/Court%20procedure.pdf
Royal Bhutan Police (RBP) http://www.rbp.gov.bt
INTERPOL National Central Bureau (NCB) for Bhutan http://www.interpol.int/Member-countries/Asia-South-Pacific/Bhutan
These profiles do not necessarily reflect official positions of the States covered or of the Council of Europe.
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- Cybercrime website
- Template: Mutual Legal Assistance Request for subscriber information (Art. 31 Budapest Convention). English and bilingual versions available.
- Template: Data Preservation Request (Articles 29 and 30 Budapest Convention). English and bilingual versions available.