commits an offence and is on conviction liable to a fine not exceeding N$100 000 or to
imprisonment for a period not exceeding 10 years or to both such fine and such imprisonment.
Electronic harassment
67. A person who intentionally posts or sends a data message, or who intentionally
causes a data message to be displayed –
(a) with the intention that it causes serious emotional distress to another person;
(b) which makes credible threats of violence or other harm;
(c) which contains a statement that the accused knows to be false or with reckless
disregard whether it is true or false, and with the intention to do serious harm
to the reputation of another person;
(d) which makes explicit sexual suggestions knowing it to be offensive or annoying
to the person to whom it is directed;
(e) contains any pictorial representation of sexual activity or nudity of a specific
person –
(i) if that person has provided that information to the perpetrator privately and the person who provided that information has a reasonable
expectation that the information should not be shared with other persons or the public; or
(ii) if that pictorial representation has been created by the manipulation of
an image or photograph that does not depict sexual activity or nudity,
commits an offence and is on conviction liable to a fine not exceeding N$10 000 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
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