69. A person who commits an offence under this Part for which a penalty is not specifically provided shall be liable on conviction to a fine not exceeding $10,000 and to a term of imprisonment not exceeding 2 years and where damage is caused by the offence to an order for restitution in favour of the person who suffered the loss, in a sum not exceeding the amount of the damage. Part VIII – Miscellaneous Provisions Distribution and Exhibition of Obscene Matter 70.(1) In this Part — “distribute” means transfer possession of, with or without consideration; “knowingly” means being aware of the character of the matter; “matter” – (a) means any recording, pictorial representation, figure, transcription, printed or written material, mechanical, chemical, electrical, or electronic reproduction, or other article, equipment, machine, or material, and includes but is not limited to any book, magazine, newspaper, picture, drawing, photograph, motion picture, statue, film, filmstrip, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage medium, CD-ROM, computer-generated image, or computer-generated equipment, and (b) includes any live or recorded telephone message if transmitted, disseminated, or distributed as part of a commercial transaction; “obscene matter” means matter which, applying contemporary Kiribati standards, appeals to the prurient interest, depicts or describes sexual conduct in a patently offensive way, and, taken as a whole, lacks serious literary, artistic, or scientific value. In determining whether matter lacks serious literary, artistic, or scientific value, the fact that the defendant knew that the matter depicted persons under the age of 16 years engaged in sexual conduct shall be taken into account. (2) Every person who knowingly sends or causes to be sent, or brings or causes to be brought, into Kiribati for distribution, or who in Kiribati possesses, prepares, publishes, produces, develops, duplicates, or prints, with intent to distribute or to exhibit to others, or who offers to distribute, distributes, or exhibits to others, any obscene matter, commits an offence and shall be liable on conviction to a fine not exceeding $1000 and imprisonment for a term not exceeding 2 years or both. Non responsibility for bodily injury or damage 71.(1) The Republic of Kiribati, the Minister, the Authority, an Inspector, or any other person exercising or performing powers or functions under this Act shall not be liable in respect of any action, claim, or demand that may be brought or made by any person in respect of any bodily injury or damage to property or any other circumstances arising from any act permitted by a licence issued under this Act. (2) No operator or employee or agent of an operator shall be liable in any criminal proceedings or in any suit for damages by reason of his having in the course of his employment transmitted or conveyed by any telecommunication, or taken any part in transmitting or conveying by any telecommunication, any defamatory libel. Power of Government in emergency 72.(1) If it appears to the Minister to be expedient or requisite, on the occurrence of any public emergency, or in the interest of public security or national defence, the Minister may, by an order published in the Gazette or specially in writing, give directions to a person to whom this section applies. (2) Directions given under subsection (1) may include – 22 22