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