Electronic Crimes Act, 2013 14 No. 14 of 2013 No. 14 of 2013 to cause injury to the interests of the sovereignty of Antigua and Barbuda, the security of Antigua and Barbuda, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence, or to the advantage of any foreign nation, group of individuals or otherwise, “publishes” means reproduction in the printed or electronic form and making it available for public; “transmit” means to electronically send a visual image with the intent that it be viewed by a person or persons; 13. Harassment utilizing means of electronic system “under circumstances violating privacy” means circumstances in which a person can have a reasonable expectation that – A person shall not intentionally, without lawful excuse or justification intimidate, coerce or harass another person using an electronic system commits an offence and is liable on – summary conviction to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding two years, or to both; or (b) on conviction on indictment to a fine not exceeding two hundred thousand dollars or to imprisonment for a term not exceeding five years, or to both. (i) he or she could disrobe in privacy, without being concerned that an image of his or her private area was being captured; or (ii) (a) with the intention that the recipient or visitor or an electronic system will believe it to be an authentic source; or (b) to attract or solicit a person or electronic system; 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. “vulnerable position” means circumstances in which a person is ill, injured or otherwise physically incapacitated. 14. False websites and Spam (1) A person shall not intentionally, without lawful excuse or justification set up a website or send an electronic message with a counterfeit source – Electronic Crimes Act, 2013 “private area” means the naked or undergarment clad genitals, pubic area, buttocks or female breast; commits an indictable offence of electronic terrorism and is liable on conviction pursuant to the penalties prescribed pursuant to the Prevention of Terrorism Act 2005. (a) 11 9. Misuse of encryption (1) A person shall not intentionally, without lawful excuse or justification for the purpose of commission of an offence or concealment of incriminating evidence, intentionally encrypt any incriminating communication or data contained in an electronic system relating to the offence or incriminating evidence. (2) A person who contravenes subsection (1) commits an offence and is liable on- for the purpose of gaining unauthorized access to commit a further offence or obtain information which can be used for unlawful purposes. (a) summary conviction to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding two years, or to both; or (2) A person shall not intentionally without lawful excuse or justification – (a) initiate the transmission of multiple electronic mail messages from or through an electronic system; (b) use a protected computer system to relay or retransmit multiple electronic mail messages, with the intent to deceive or mislead users, or any electronic mail or internet service provider, as to the origin of such messages; or (b) on conviction on indictment to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding five years, or to both. 10. Child pornography (c) materially falsify header information in multiple electronic mail messages and initiate the transmission of such messages. (3) A person who contravenes subsection (1) or (2) commits an offence and is liable on – (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 intentionally without lawful justification or excuse– (a) publish, transmit or cause to be published or transmitted material in an electronic form which depicts a child engaged in a sexually explicit act or conduct;