PART IV
OFFENCES RELATING TO ELECTRONIC COMMUNICATIONS AND MATERIALS
14 Transmission of data message inciting violence or damage to property
Any person who unlawfully by means of a computer or information system makes available, transmits, broadcasts or distributes a data message to any person, group of persons or to the public with intend to incite such persons to commit acts of violence against any person or persons or to cause damage to any property shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
15 Sending threatening data message
Any person who unlawfully and intentionally by means of a computer or information system sends any data message to another person threatening harm to the person or the person’s family or friends or damage to the property of such persons shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
16 Cyber-bullying and harassment
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 ten or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.
17 Transmission of false data message intending to cause harm
Any person who unlawfully and intentionally by means of a computer or information system makes available, broadcasts or distributes data to any other person concerning an identified or identifiable person knowing it to be false with intend to cause psychological or economic harm shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
18 Spam
Any person who intentionally and without lawful excuse—
(a) initiates the transmission of multiple electronic mail messages from or through a computer system; or
(b) uses a protected computer system to relay or retransmit multiple electronic mail messages, with the intent to deceive or mislead recipients or any electronic mail or internet service provider as to the origin of such messages, or
(c) materially falsifies header information in multiple electronic mail messages and initiates the transmission of such messages;
shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.
Provided that it shall not be an offence under this section if the transmission of multiple electronic mail messages is done within a customer or business relationships.
19 Transmission of intimate images without consent
(1) Any person who unlawfully and intentionally by means of a computer or information system makes available, broadcasts or distributes a data message containing any intimate image of an identifiable person without the consent of the person concerned causing the humiliation or embarrassment of such person shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
(2) For the purposes of subsubsection (1) “intimate image” means a visual depiction of a person made by any means in which the person is nude, the genitalia or naked female breasts are exposed or sexual acts are displayed.
20 Production and dissemination of racist and xenophobic material
Any person who unlawfully and intentionally through a computer or information system—
(a) produces or causes to be produced racist or xenophobic material for the purpose of its distribution;
(b) offers, makes available or broadcasts or causes to be offered, made available or broadcast racist or xenophobic material;
(c) distributes or transmits or causes to be distributed or transmitted racist or xenophobic material;
(d) uses language that tends to lower the reputation or feelings of persons for the reason that they belong to a group of persons distinguished on the grounds set out in section 56 (3) of the Constitution or any other grounds whatsoever, if used as a pretext for any of these factors;
shall be guilty of an offence and liable to a fine not exceeding level fourteen or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.
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