(ii) any part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place. Misuse of encryption 11.(1) A person shall not for the purpose of the commission of an offence or concealment of incriminating evidence, encrypt in any electronic system any incriminating communication or data contained relating to the offence or incriminating evidence. (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding one hundred thousand dollars or to a term of imprisonment not exceeding three years or to both. Child pornography 12. (1) For the purposes of this section a “child” means a person who is under the age of eighteen years. (2) A person shall not knowingly and without lawful justification or excuse– (a) publish or transmit or cause to be published or transmitted material in an electronic form which depicts a child engaged in sexually explicit act or conduct; (b) create text or digital images, collect, seek, browse, download, advertise, promote, exchange or distribute material in an electronic form depicting a child in obscene or indecent or sexually explicit manner; (c) cultivate, entice or induce children to an online relationship with another child or an adult for a sexually explicit act or in a manner that may offend a reasonable adult on the electronic system; (d) facilitate the abuse of a child online; (e) record or own in an electronic form material which depicts the abuse of a child engaged in a sexually explicit act; (f) procure and/ or obtain child pornography through a computer system; or (g) obtain access through information technologies, to child pornography. 12 and communication