e against this Act it shall be a
In any proceedings brought against any person for an offenc
(4)
unded under this section.
good defence if that person proves that the offence has been compo
(5)
This section does not apply to a breach of section.
Part XIV— Computer Misuse
Interpretation
104.
(1)
In this Part—
l, or other data processing
‘computer! means an electronic, magnetic, optical, electrochemica
ming logical, arithmetic, or
perfor
,
device, or a group of such interconnected or related devices
ns facility directly
icatio
or commun
storage functions, and includes any data storage facility
related to or operating in conjunction with such
devices, but does not include a
any data storage facility;
device or group of such interconnected or related
device which is non-programmable or which does not contain
sing and the storage or retrieval of data;
‘computer service’ includes computer time, data proces
that are being prepared or have
‘data’ means representations of facts, information or of concepts
been prepared in a form suitable for processing in a computer;
t consideration;
distribute’ means transfer possession of, with or withou
storage and retrieval and
‘function! includes logic, control, arithmetic, deletion,
communications to, from or within a computer,
ng to or recording a function of
‘intercept’, in relation to a function of a computer, includes listeni
er;
of a function of a comput
a computer, or acquiring the substance, meaning or purport
content;
‘knowingly' means being aware of the character of the
'matter'—
a)
ription, printed or written
means any recording, pictorial representation, figure, transc
article,
al, electrical, or electronic reproduction, or other
material, mechanical, chemic
not limited to any book,
equipment, machine, or material, and includes but is
picture, statue, film,
motion
magazine, newspaper, picture, drawing, photograph,
computer hardware,
disc,
laser
filmstrip, negative, slide, photocopy, videotape, video
m, CD-ROM,
computer software, computer floppy disc, data storage mediu
equipment, and
computer-generated image, or computer-generated
itted, disseminated, or
b) includes any live or recorded telephone message if transm
distributed as part of a commercial transaction;
‘minor? means a person under 16 years of age;
‘obscene matter’—
i standards, appeals to the
a) means matter which, applying contemporary Kiribat
way,
or describes sexual conduct in a patently offensive
prurient interest, depicts
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