Cybercrime Code Gi) (ii) give or confer; or procure or to attempt to procure, upon or for a person, any property or benefit of any kind, is guilty ofa crime. Penalty: (a) In the case of a natural person, a fine not exceeding K100,000.00 or imprisonment for a term not exceeding 25 years, or both; (b) and In the case of a body corporate, a fine not exceeding K1,000,000.00. (5) It is a defence to a charge for an offence under this section that the defamatory material published (a) (>) (c) (d) was true; or was for the benefit of the public; constituted a fair comment; or was made in good faith. or (6) Whether or not the publication complained of is true, or was made for the benefit of the public, or constitutes fair comment, or was made in good faith, is a question of fact. (7) Where the defence of good faith is raised under Subsection (5)(d), the burden of proof shifts to the party alleging the absence of good faith. (8) Where the defamatory publication consists of or relates to electronic writings, images, audio, visual or audiovisual recordings of a sexual nature or depicting sexual conduct, the defence of truth is not available to the offender notwithstanding that the published defamatory material complained of was produced with the knowledge or consent of the person defamed. (9) The provisions of Section 362E of the Criminal Code Act (Chapter 262), relating to protection of matters of public interest, apply to this section. (10) For the purpose of Subsection (9), “public meeting” referred to in Section 362E of the Criminal Code Act (Chapter 262) includes online discussion forums whether or not they are featured on social networking sites. 22. CYBER BULLYING. (1) 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 whether or not it is connected to the internet (with or without the aid of electronic writings, images, audio, visual or audiovisual recordings, or the exchange of messages) to - (a) (6) initiate; or facilitate; or (c) _ participate in, any communication or online discussion or posts with or regarding a child, directly or indirectly (with or without any exchange of messages or electronic writings, images, audio, visual or audiovisual recordings) with the child subject of the bullying for the purpose of(i) bullying, intimidating, threatening, demeaning, ridiculing or stalking, or causing emotional distress; or (ii) supporting such repeated acts under Subparagraph (i), in respect of that child, is guilty of a misdemeanour. -13-