A.433
(2) For the purposes of this section —
(a) “authorisation” includes, in relation to a function of a computer
or computer system, listening to or recording a function of a
computer or computer system or acquiring the substance, meaning
or purport of such a function; and
(b) it is immaterial that the unauthorised access or interception in
subsection (1) is not directed at a —
(i) particular programme or data,
(ii) programme or data of any kind, or
(iii) programme or data held in any particular computer or computer
system.
(3) A person who commits an offence under subsection (1) is liable
to a fine not exceeding P40 000 or to imprisonment for a term not
exceeding two years, or to both.
(4) A person shall not be liable under subsection (1) where he or she —
(a) has the express or implied consent of both the person who sent
the data and the intended recipient of such data; or
(b) is acting in reliance of a statutory power arising under an enactment
or a power conferred under any Act.
6. (1) A person who, with intent to commit an offence, causes a
computer or computer system to perform any function for the purpose
of securing access to —
(a) any programme or data held in a computer or computer system; or
(b) a computer service,
commits an offence and is liable to a fine not exceeding P20 000 or to
imprisonment for a term not exceeding one year, or to both.
(2) For the purposes of this section it is immaterial that —
(a) the offence facilitated under paragraph (b) is committed by a person
referred to under subsection (1) or any other person; or
(b) the act is committed on the same occasion as when the access is
secured or at any other time.
7. (1) A person who intentionally and without lawful excuse or
justification, does or attempts to do any of the following acts —
(a) damages, deteriorates, deletes, alters or modifies computer data;
(b) renders computer data meaningless, useless or ineffective;
(c) obstructs, interrupts or interferes with the lawful use of computer
data; or
(d) denies access to computer data to any person entitled to it,
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.
(2) Where, as a result of the commission of an offence under subsection
(1), the following is impaired, suppressed, altered or modified —
(a) the operation of a computer or computer system;
(b) access to any programme or data held in any computer or computer
system; or
(c) the operation of any programme or the reliability of any data,
the person is liable to a fine not exceeding P20 000 or to imprisonment
for a term not exceeding one year, or to both.
Access with
intent to commit
or facilitate
commission of
an offence
Unauthorised
interference
with data