S6
“hyperlink” means characteristic or property of an element such as a symbol, word, phrase,
sentence, or image that contains information about another source and points to and causes to
display another document when executed;
“hyperlink provider” means any natural or legal person providing one or more hyperlinks;
“interception” includes but is not limited to the acquiring, viewing and capturing of any
computer data communication whether by wire, wireless, electronic, optical, magnetic, oral or
other means, during transmission through the use of any technical device;
“internet service provider” means any natural or legal person mentioned in sections 33 to 38
that provides users’ services;
“law enforcement agent” means personnel employed and representing agencies established
under an Act of Eswatini with the requisite power to exercise rights given under that Act when
undertaking their responsibilities. These may include Royal Eswatini Police, Anti-Corruption
Commission, Eswatini Revenue Authority and Eswatini Communications Commission;
“Minister” means the Minister responsible for Information, Communications and Technology;
“multiple electronic mail messages” means a mail message including e-mail and instant
messaging sent to more than one recipient;
“pornography” means a visual, text or audio presentation, simulated or real of –
(a) a person who is, or is depicted as participating in or assisting another person to engage
in sexual act or sexual violations or lewd display of nudity which is intended for sexual
gratification;
(b) explicit sexual conduct which degrades a person or which constitutes incitement to
cause harm; or
(c) a sexual act between a person and an animal.
“racist, xenophobic and hate speech,” means any material, including but not limited to any
image, video, audio recording or any other representation of ideas or theories, which advocates,
promotes or incites hatred, discrimination or violence, against any individual or group of
individuals; which may be based on race, colour, descent, national or ethnic origin, religion,
creed or social or economic standing, political opinion or disability;
“remote forensic tool” means an investigative tool including software or hardware installed on
or in relation to a computer system or part of a computer system and used to perform tasks that
include but are not limited to keystroke logging or transmission of an IP-address.
“seize” includes: (a) activating any onsite computer system and or computer data storage media;
(b) making and retaining a copy of computer data, including by using onsite equipment;
(c) maintaining the integrity of the relevant stored computer data;
(d) rendering inaccessible or removing, computer data in the accessed computer system;