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“repealed Act” means the Cybercrime and Computer Related Crimes
Act repealed under section 35;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;