Computer Misuse Act, 2011 (b) if it is the best evidence that the person adducing it could reasonably be expected to obtain; or (c) merely on the ground that it is not in its original form. (2) A person seeking to introduce a data message or an electronic record in any legal proceeding has the burden of proving its authenticity by evidence capable of supporting a finding that the electronic record is what the person claims it to be. (3) Subject to subsection (2), where the best evidence rule is applicable in respect of an electronic record, the rule is satisfied upon proof of the authenticity of the electronic records system in or by which the data was recorded or stored. (4) When assessing the evidential weight of a data message or an electronic record, the court shall have regard to— (5) 30. Uganda (a) the reliability of the manner in which the data message was generated, stored or communicated; (b) the reliability of the manner in which the authenticity of the data message was maintained; (c) the manner in which the originator of the data message or electronic record was identified; and (d) any other relevant factor. The authenticity of the electronic records system in which an electronic record is recorded or stored shall, in the absence of evidence to the contrary, be presumed where— (a) there is evidence that supports a finding that at all material times the computer system or other similar device was operating properly or, if it was not, the fact of its not operating properly did not affect the integrity of the electronic record and there are no other reasonable grounds on which to doubt the authenticity of the electronic records system; (b) it is established that the electronic record was recorded or stored by a party to the proceedings who is adverse in interest to the party seeking to introduce it; or (c) it is established that the electronic record was recorded or stored in the usual and ordinary course of business by a person who is not a party to the proceedings and who did not record or store it under the control of the party seeking to introduce the record. (6) For the purposes of determining whether an electronic record is admissible under this section, evidence may be presented in respect of any set standard, procedure, usage or practice on how electronic records are to be recorded or stored, with regard to the type of business or endeavours that used, recorded or stored the electronic record and the nature and purpose of the electronic record. (7) For the avoidance of doubt, this section does not modify the common law or a statutory rule relating to the admissibility of records, except the rules relating to authentication and best evidence. Territorial jurisdiction (1) Subject to subsection (2), this Act shall have effect, in relation to any person, whatever his or her nationality or citizenship and whether he or she is within or outside Uganda. (2) Where an offence under this Act, is committed by any person in any place outside Uganda, he or she may be dealt with as if the offence had been committed within Uganda. (3) For the purposes of this Act, this section applies if, for the offence in question— By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 11