Online IT Crimes Reducing System

Racist and xenophobic motivated insult

18.-(1) A person shall not insult another person through a computer system on the basis of race, colour, descent, nationality, ethnic origin or religion. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of not less than three million shillings or to imprisonment for a term of not less than one year or to both.

Publication of false information

16.- Any person who publishes information or data presented in a picture, text, symbol or any other form in a computer system knowing that such information or data is false, deceptive, misleading or inaccurate, and with intent to defame, threaten, abuse, insult, or otherwise deceive or mislead the public or councelling commission of an offence, commits an offence, and shall on conviction be liable to a fine of not less than five million shillings or to imprisonment for a term of not less than three years or to both.

Pornography

14.-(1) A person shall not publish or cause to be published through a computer system or through any other information and communication technology: (a) pornography; or (b) pornography which is lascivious or obscene. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction, in the case of publication of- (a) pornography, to a fine of not less than twenty million shillings or to imprisonment for a term of not less than seven years or to both; and (b) pornography which is lascivious or obscene, to a fine of not less than thirty million shillings or to imprisonment for a term of not less than ten years or to both.

Illegal system interference

9. A person who intentionally and unlawfully hinders or interferes with- (a) the functioning of a computer system; or (b) the usage or operation of a computer system, commits an offence and is liable on conviction, to a fine of not less than two million shillings or three times of value the undue advantage received, whichever is greater, or to imprisonment for a term of not less than one year or to both.

Cyber bullying

23. (1) A person shall not initiate or send any electronic communication using a computer system to another person with intent to coerce, intimidate, harass or cause emotional distress. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of not less than five million shillings or to imprisonment for a term of not less than three years or to both.

Illegal data interference

7.-(1) A person who intentionally and unlawfully- (a) damages or deteriorates computer data; (b) deletes computer data; (c) alters computer data; (d) renders computer data meaningless, useless or ineffective; (e) obstructs, interrupts or interferes with the lawful use of computer data;

(f) obstructs, interrupts or interferes with any person in the lawful use of computer data; or (g) denies access to computer data to any person authorized to access it, commits an offence and is liable on conviction, to a fine of not less than ten million shillings or three times the value of undue advantage received, whichever is greater, or to imprisonment for a term of not less than three years or to both.

(2) A person who - (a) communicates, discloses or transmits any computer data, program, access code or command to an unauthorized person; (b) internationally and unlawfully receives unauthorised computer data, commits an offence and is liable on conviction, to a fine of not less than two million shillings or three times the value of the undue advantage received, whichever is greater, or to imprisonment for a term of not less than one year or to both. (3) A person who intentionally and unlawfully destroys or alters any computer data, where such data is required to be maintained by law or is an evidence in any proceeding under this Act by- (a) mutilating, removing or modifying the data, program or any other form of information existing within or outside a computer system; (b) activating, installing or downloading a program that is designed to mutilate, remove or modify data, program or any other form of information existing within or outside a computer system; or (c) creating, altering, or destroying a password, personal identification number, code or method used to access a computer system, commits an offence and is liable on conviction to a fine of not less than twenty million shillings or three times the value of undue advantage received, whichever is greater, or to imprisonment for a term of not less than one year or to both.

Computer related fraud

12.-(1) A person shall not cause a loss of property to another person by- (a) any input, alteration, deletion, delaying transmission or suppression of computer data; or (b) any interference with the functioning of a computer system, with fraudulent or dishonest intent. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction, to a fine of not less than twenty million shillings or three times the value of undue advantage received, whichever is greater, or to imprisonment for a term of not less than seven years or to both.

Violation of intellectual property rights

24.-(1) A person shall not use a computer system with intent to violate intellectual property rights protected under any written law. (2) A person who contravenes subsection (1) commits an offence and in case the infringement is on - (a) non-commercial basis, is liable to a fine of not less than five million shillings or to imprisonment for a term of not less than three years or both; or (b) commercial basis, is liable to a fine of not less than twenty million shillings or to imprisonment for a term of not less than five years or to both, in addition, be liable to pay compensation to the victim of the crime as the court may deem just.