Cybercrime Code
20.
ANIMAL PORNOGRAPHY.
A person who, intentionally and without lawful excuse or Justification, or in excess of a lawful excuse
or justification, or recklessly, uses an electronic system or device to produce;
(a)
or
(6) _ offer or make available; or
distribute or transmit; or
(c)
(d)
procure or obtain for himself or for another person, access to, pornography of himself or of
another person engaged in sexual activity with an animal or animals; or
(e)
obtain access to animal pornography whether or not by downloading or transmitting it
either to himself or another person, for the purpose of giving effect to, or facilitating the
commission of any one or more of the offences in Paragraphs (5), (c) and (d) above,
is guilty ofa crime.
Penalty:
(a)
(b)
21.
In the case ofa natural person, a fine not exceeding K25,000.00 or
imprisonment for a term not exceeding 15 years, or both; and
In the case of a body corporate, a fine not exceeding K 100,000.00.
DEFAMATORY PUBLICATION.
(1)
For the purposes of this Section “publication” means using an electronic system or device to make publicly available
defamatory material to persons other than the defamed person and includes electronic
writings, images, audio, visual or audiovisual recordings;
“defamatory material” means an imputation, whether directly expressed or by implication,
insinuation, innuendo or irony, that concerns a person or a member of his family, whether
living or dead, with the intention of (i) injuring the reputation of that person: or
(ii) injuring the profession or trade of that person; or
(iii) inducing other people to shun, avoid, ridicule or despise that person.
(2)
A person who, intentionally and without lawful excuse or justification, or in excess ofa
lawful
excuse or justification, or recklessly, uses an electronic system or device to publish defamatory
material
concerning another person, is guilty ofa crime.
Penalty:
(a)
(b)
In the case of a natural person, a fine not exceeding K25,000.00 or a term of
imprisonment not exceeding 15 years, or both;
and
In the case of a body corporate, a fine not exceeding K 100,000.00.
(3)
Where the offence under Subsection (2) is committed with the knowledge that the published
defamatory material is false, the offender is guilty of a crime.
Penalty:
(a)
(b)
In the case of a natural person, a fine not exceeding K50,000.00 or
imprisonment for a term not exceeding 25 years, or both; and
In the case of a body corporate, a fine not exceeding K 500,000.00.
(4)
A person who, intentionally and without lawful excuse or justification, or in excess of a lawful
excuse or justification, or recklessly, uses an electronic system or device to publish, or directly
or indirectly
threaten to publish or offer to prevent the publication of, defamatory material concerning another,
for the
purpose of (a) _ extorting from that other person or any other person; or
inducing a person to (b)
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