Cybercrime Code
“online” means accessing the internet and remaining there;
“person” means a natural person or body corporate:
“pornography” means -
(a)
(b)
any photographic, film, video or other visual representation (i) _ that shows a person who is, or who is depicted as, engaged in sexual activity; or
(ii) which characteristics is the depiction of any part of the body of a person for or
connoting a sexual purpose; or
any audio representation of a person who is, or is represented as being, engaged in a
(c)
sexual activity; or
any written material, visual, audio or audiovisual representation that advocates, counsels
or encourages sexual activity, irrespective of how or through what medium the
representation has been produced, transmitted or conveyed and, without prejudice to the
generality of the foregoing, includes any representation produced by or from computer
graphics or other electronic or mechanical means; or
(d)
arepresentation of sexual activity or sexual engagement with animals;
“possession” has the same meaning as “have in possession” under Section 1 of the Criminal Code
Act (Chapter 262) and includes having under control in or on any website, whether for the use
or benefit of the person in control whether or not another person has actual possession or
custody of the thing or matter in question or whether or not the thing or matter in question is
visible;
“premises” includes land, buildings, movable structures and any conveyance by land, water or air,
or web hosting servers or websites;
“principal magistrate” means a magistrate duly empowered to preside in respect of committal
proceedings or a Grade V Magistrate:
“private place” means a place other than a public place, including but not limited to a house,
building, vessel, craft or vehicle;
“property” has the same meaning as in Section 1 of the Criminal Code Act (Chapter 262) and
includes money;
“public place” means a place to which members of the public have access as a right, whether or not
on payment of a fee and whether or not access to the place may be restricted at particular times
or for particular purposes;
“remote forensic tool” means an investigative tool such as a software or a hardware installed on or
applied with regard to an electronic system or device and used to perform tasks that include but
are not limited to, keystroke logging or transmission of an Internet Protocol address;
“seize” includes (a)
activating any onsite electronic system, device or electronic data storage media; or
(b)
making and retaining a copy of electronic data, including by using onsite equipment; or
(c)
maintaining the integrity of the relevant stored electronic data; or
(d)
(e)
(f)
rendering inaccessible or removing electronic data in the accessed electronic system or
device; or
taking a printout of output of electronic data; or
seizing or similarly securing an electronic system, device or part of it, or an electronic
data storage medium;
“sensitive data” means any data or content whether in writing, images, audio, visual, audiovisual
or in any other form (a) _ that is potentially detrimental or damaging to the person who is the subject of such
information or personal data; or
(b)
data that is classified or intended for restricted use or specified persons only; or
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