Extract from the Electronic Crimes Bill which was approved by Parliamentarians in the House of Representatives last week Friday.
Sending offensive messages
A person SHALL NOT knowingly or without lawful excuse or justification send by means of an electronic system or an electronic device (a) information that is grossly offensive or has a menacing character (b)information which he or she knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will persistently by making use of such electronic system or a electronic devices; or (c) electronic mail or an electronic message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages.
For the purpose of this section, the term “electronic mail” or “electronic message” means a message or information created or transmitted or received on an electronic system or electronic device including attachments in text, images, audio, video and any other electronic record which may be transmitted with the message.
A person shall not knowingly or without lawful excuse or justification gain, interfere with data or an electronic system: (a) to induce another person to enter into a relationship (b) with intent to deceive another person; or (c) with intent to defraud a person.
Where such an act is likely to cause damage or harm tot hat person or any other person.
A person who contravenes this subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding $100,000 or to a term of imprisonment not exceeding three years or both
A person shall not knowingly or without lawful excuse or justification intimidate, coerce, insult or annoy another persons using an electronic system. A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding $100,000 or to a term of imprisonment not exceeding three years or both
Prank Calls to law enforcement
A person shall not make calls to any law enforcement authority or emergency services with the prupose of giving false and misleading information
A person making a call to any law enforcement or emergency services shall not: (a) use a caller identification service to transmit misleading or inaccurate caller identification information service; (b) mask their voice or (c) provide a fake phone number to the call recipient
A person who contravenes subsection (1) and (2) commits and offence and is liable summary conviction to a fine not exceeding $5000 or to a term of imprisonment not exceeding six months or to both
Institution of criminal proceedings
Criminal proceedings shall be instituted under this Act except on information filed by or with the consent of the Director of Public Prosecutions
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