A.431 “publish” includes — (a) distributing, transmitting, disseminating, circulating, delivering, exhibiting, lending for gain, exchanging, bartering, selling or offering for sale, letting on hire or offering to let on hire, offering in any other way, or making available in any way; (b) having in possession or custody, or under control, for the purpose of doing an act referred to in paragraph (a); or (c) printing, photographing, copying or making in any other manner, whether of the same or of a different kind of nature, for the purpose of doing any act referred to in paragraph (a); “racist or xenophobic material” means any material which advocates, promotes or incites hatred, discrimination or violence against any person or group of persons based on race, colour, descent, nationality, ethnic origin, tribe or religion; “repealed Act” means the Cybercrime and Computer Related Crimes Act repealed under section 35; “service provider” means any public or private person who — (a) provides to users of its services the ability to communicate by means of a computer or computer system; (b) processes or stores computer data on its behalf or on behalf of the users of its services; or (c) provides an information and communication service, including telecommunication; “subscriber” means a person who lawfully uses the services of a service provider; “subscriber information” means any information, other than traffic data, contained in the form of computer data or any other form, that is held by a service provider and relating to any subscriber, by which can be established information available on the basis of a service agreement or arrangement, including information on the — (a) site of installation of communication equipment; or (b) subscriber’s identity, postal or geographical address or billing or payment information; “telecommunication” means a transmission, emission or reception of signs, signals, writing, images, sounds or intelligence of any nature, by wire, radio, optical or other electromagnetic systems, whether or not such signs, signals, writing, images, sounds or intelligence have been subjected to rearrangement, computation or other processes, by any means, in the course of their transmission, emission or reception; “traffic data” means any data that — (a) relates to communication by means of a computer or computer system; (b) is generated by a computer or computer system that is part of the chain of communication; and (c) shows the communication’s origin, destination, route, time, data, size, duration or type of underlying service;

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