(c) possesses child pornography or obscene
material relating to children in a computer or computer system or on a computer
data storage medium;
(d) publishes or causes to be published an
advertisement likely to be understood as conveying that the advertiser
distributes or shows child pornography or obscene material relating to
children; or
(e) accesses child pornography or obscene
material relating to children through a computer or computer system,
commits an offence and shall be sentenced to a minimum fine of P40,000
but not exceeding P100,000, or to imprisonment for a minimum term of two years
but not exceeding three years, or to both.
(4) A
person who, by means of a computer or computer system, communicates with(a) a person who is, or who the accused
believes is, under the age of 18 years, for the purpose of facilitating the
commission of the offence of child pornography under this Act, or the offences
of prostitution, rape or indecent assault under the Penal Code; Cap. 08:01
(b) a person who is, or who the accused
believes is, under the age of 16 years, for the purpose of facilitating the
commission of the offences of abduction or kidnapping of that person under the
Penal Code; or
(c) a person who is, or who the accused
believes is, under the age of 16 years, for the purpose of facilitating the
commission of the offence of defilement or any sexual offence of that person
under the Penal Code,
commits an offence and shall be sentenced to a minimum fine of P40,000
but not exceeding P100,000, or to imprisonment for a minimum term of two years
but not exceeding three years, or to both.
(5)
Evidence that the person in paragraph (a), (b) or (c) of
subsection (4) was represented to the accused as being under the age of 18
years or 16 years, as the case may be, is, in absence of evidence to the
contrary, proof that the accused believed that the person was under that age.
(6)
It shall not be a defence to a charge under subsection (4) that the accused
believed that the person he or she was communicating with was at least 18 or 16
years of age, as the case may be, unless the accused took reasonable steps to
ascertain the age of the person.
(7)
For the purposes of subsection (4), it does not matter that the person in
paragraph (a), (b) or (c) is a fictitious person,
represented to the accused as a real person.
[Ch0806s17]17. Unlawful disclosure by service provider
A
service provider who, without lawful authority, discloses(a) that an order under this Act has been made;
(b) any act done under an order; or
(c) any data collected or recorded under an