Electronic Crimes Act, 2013 6 No. 14 of 2013 No. 14 of 2013 19 Electronic Crimes Act, 2013 offences, apprehending or prosecuting offenders, assessing or collecting tax, duty or other monies owed or payable to the Government; (a) a child engaged in sexually explicit conduct; or (b) an image representing a child engaged in sexually explicit conduct; “contaminant" means a set of electronic instructions that are designed to modify, destroy, record, transmit data or program residing within an electronic system; or by any means to take over the normal operation of an electronic system or electronic network; “damage” includes modifying, altering, deleting, erasing, suppressing, changing location or making data temporarily unavailable, halting an electronic system or chocking the networks; “data” includes representations of facts, information or concepts that are being prepared or have been prepared in a form suitable for use in an electronic system including electronic program, text, images, sound, video and information within a database or electronic system; (d) for the prevention of injury or other damage to the health of a person or serious loss or damage to property; or (e) in the public interest. 25. No liability for service provider (1) A service provider shall not be liable for any actions taken or any information provided or disclosed to the Police or other law enforcement agencies in accordance with this Part. (2) A service provider who without lawful authority discloses(a) the fact that an order under this Part was made; and “decryption” means the process of transforming or unscrambling encrypted data from its unreadable and incomprehensible format to its plain version; “electronic” means relating to technology having electrical, digital, magnetic, optical, biometric, electrochemical, wireless, electromagnetic, or similar capabilities; "electronic database" means a representation of information, knowledge, facts, concepts or instructions in text, image, audio, video that are being prepared or have been prepared in a formalised manner or have been produced by an electronic system or electronic network and are intended for use in an electronic system or electronic network; “electronic device” is any hardware that accomplishes its functions using any form or combination of electrical energy; “electronic system” means an electronic device or a group of interconnected or related devices, one or more of which, pursuant to a program, performs automatic processing of data and includes an electronic storage medium; “encryption” means the process whereby data is transformed or scrambled from its plain version to an unreadable or incomprehensible format, regardless of the technique utilized for such transformation or scrambling and irrespective of the medium in which such data occurs or can be found for the purposes of protecting such data; “function” includes logic, control, arithmetic, deletion, storage and retrieval and communication or telecommunication to, from or within an electronic system; (b) any action taken or data collected or recorded under the Order, commits a summary offence and is liable on conviction to a fine not exceeding two hundred thousand dollars. PART IV MISCELLANEOUS 26. Institution of criminal proceedings Criminal proceedings shall not be instituted under this Act except with the consent of, the Director of Public Prosecutions. 27. General penalty for Body Corporate (1) Where an offence under this Act is committed by a body corporate, the body corporate shall be liable upon– (a) summary conviction, to a fine not exceeding two hundred thousand dollars or to a term of imprisonment not exceeding three years, or to both; or (b) conviction on indictment, to a fine not exceeding five hundred thousand dollars or to a term of imprisonment not exceeding eight years, or to both. (2) Where an offence under this Act committed by a body corporate is proved to– (a) “mobile phone tracking” means the tracking of the current position of a mobile phone and includes location based services that discloses the actual coordinates of a mobile phone bearer; have been committed with the consent or connivance of any director, manager, secretary, or other similar officer of the body corporate or any person who was purporting to act in that capacity; or