A.438 Revenge pornography Racist or xenophobic material Racist or xenophobic motivated insult Unlawful disclosure by service provider commits an offence and is liable to a fine not exceeding P100 000 or to imprisonment for a term not exceeding five years, or to both. (4) Evidence that the person in paragraph (a), (b) or (c) of subsection (3) was represented to the accused as being under the age of 18 years or 16 years, as the case may be, shall be, in absence of evidence to the contrary, proof that the accused believed that the person was under that age. (5) It shall not be a defence to a charge under subsection (3) that the accused believed that the person he or she was communicating with was at least 16 or 18 years of age, as the case may be, unless the accused took reasonable steps to ascertain the age of the person. (6) For the purposes of subsection (3), it does not matter that the person in paragraph (a), (b) or (c) of subsection (3) is a fictitious person, represented to the accused as a real person. 20. A person who, by means of a computer or computer system, discloses or publishes a private sexual photograph or film without the consent of the person who appears in the photograph or film, and with the intention of causing that person distress, commits an offence and is liable to a fine not exceeding P40 000 or to imprisonment for a term not exceeding two years, or to both. 21. A person who, by means of a computer or computer system — (a) produces racist or xenophobic material; (b) offers or makes available racist or xenophobic material; (c) distributes or transmits racist or xenophobic material, commits an offence and is liable to a fine not exceeding P40 000 or to imprisonment for a term not exceeding two years, or to both. 22. A person who, by means of a computer or computer system, insults another person on the basis of race, colour, descent, nationality, ethnic origin, tribe or religion commits an offence and is liable to a fine not exceeding P40 000 or to imprisonment for a term not exceeding two years, or to both. 23. A service provider who, without lawful authority, discloses — (a) that an order under this Act has been made; (b) any act done under an order; or (c) any data collected or recorded under an order, commits an offence and is liable to a minimum fine of P1 000 000 but not exceeding P5 000 000. PART III — Procedural Powers Preservation order 24. A police officer or any person authorised by the Commissioner or by the Director-General, in writing, may, upon confirmation by the court and as soon as reasonably practicable to do so, order for the preservation of data that has been stored or processed by means of a computer or computer system or any other information and communication technology, where there are reasonable grounds to believe that such data is vulnerable to loss or modification.