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CAP. 399.]
ELECTRONIC COMMUNICATIONS (REGULATION)
PART VII
CRIMINAL OFFENCES
Offences of
criminal nature
specific to
electronic
communications.
Added by:
VII. 2004.23.
Amended by:
L.N. 425 of 2007.
Re-numbered by:
XII. 2010.5;
IX. 2011.34;
LII. 2021.45.
48. (1) Any person who (a) constructs, repairs, maintains, alters or controls any
apparatus or installation without having the
qualifications required for that purpose by or under
this Act;
(b) sells or offers for sale or provides or installs or uses
any installation or apparatus which does not conform
with such technical standards or specifications as are
required or established by or under this Act, or which
he knows, or has reasonable cause to believe, to be
defective or incompatible with the services for which
it was sold, provided, installed or used;
(c) provides any electronic communications service or
installs or operates any electronic communications
network or apparatus in breach of any provision of this
Act or in breach of any condition, restriction or
limitation imposed by or under this Act;
(d) uses any electronic communications network or
apparatus supplied by an undertaking for a purpose
other than that for which it was supplied, or neglects to
observe instructions which are issued by an
undertaking for the proper use of the electronic
communications network or apparatus or makes
improper use thereof,
shall be guilty of an offence under this Act and shall, on conviction,
be liable to a fine (multa) not exceeding twenty-five thousand euro
(€25,000) and in the case of a continuing offence for a further fine
(multa) not exceeding five hundred euro (€500) for each day during
which the offence continues.
(2) Any person who furnishes information to the Authority or
the Minister which he knows, or has reasonable cause to believe to
be false or misleading, or impedes or obstructs the Authority or the
Minister, in the performance of any functions by or under this Act,
shall be guilty of an offence under this Act, and shall on conviction,
be liable to a fine (multa) not exceeding twenty-five thousand euro
(€25,000) or to imprisonment for a period not exceeding six
months, or to both such fine and imprisonment.
(3) Any person who being a person employed or detailed for
duty with or attached to an undertaking (a) gives any information with regard to any message with
which he becomes acquainted by reason of his office
to any person not entitled to receive such information;
(b) wilfully alters or suppresses any message or the
designation of the person to whom it is transmitted or
to whom it is addressed, without a good cause;
(c) wilfully omits, delays or obstructs the transmission or