50 Child pornography Electronic Transactions No. 33 (10) Where an offence under this section is committed in relation to data that is concerned with national security or the provision of an essential service, the person shall, upon conviction, be liable to imprisonment for a term of not less than ten years, but not exceeding fifteen years. 85.__(1) Child pornography in an electronic form is prohibited under this Act. (2) Any person who__ (a) produces pornographic material for the purpose of its distribution through a computer system; (b) reproduces pornographic material for the purpose of its distribution through an information system; (c) offers or makes available any pornographic material through an information system; (d) exposes a child to pornographic material through an information system; (e) distributes or transmits any pornographic material through an information system; (f) procures any pornographic material through a computer system for oneself or for another person; or (g) possesses any child pornographic material in a computer system or on a computer data storage medium, commits an offence and shall, upon conviction, be liable to a fine of K10,000,000 and to imprisonment for fifteen years. Prohibition of cyber harassment (3) For the sake of protecting children from pornography as provided in subsection (1)__ (a) establishments serving the public, and places open to the public proposing access to internet shall use an adequate pornography filtering software as defined by subsidiary legislation made under this Act; (b) failure to comply with the obligation provided in this subsection shall be an offence punishable, upon conviction, with a fine of K10,000,000 and to imprisonment for fifteen years. 86. Any person who uses any computer system and continues__ (a) making any request, suggestion or proposal which is obscene, lewd, lascivious or indecent; or (b) threatening to inflict injury or physical harm to the person or property of any person; or

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