shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a
period not exceeding five years or to both such fine and such imprisonment.
18 Spam
Any person who intentionally and without lawful excuse—
(a) initiates the transmission of multiple electronic mail messages from or through a computer
system; or
(b) uses a protected computer system to relay or retransmit multiple electronic mail messages,
with the intent to deceive or mislead recipients or any electronic mail or internet service
provider as to the origin of such messages, or
(c) materially falsifies header information in multiple electronic mail messages and initiates
the transmission of such messages;
shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a
period not exceeding one year or to both such fine and such imprisonment.
Provided that it shall not be an offence under this section if the transmission of multiple
electronic mail messages is done within a customer or business relationships.
19 Transmission of intimate images without consent
(1) Any person who unlawfully and intentionally by means of a computer or information
system makes available, broadcasts or distributes a data message containing any intimate image of
an identifiable person without the consent of the person concerned causing the humiliation or
embarrassment of such person shall be guilty of an offence and liable to a fine not exceeding level
ten or to imprisonment for a period not exceeding five years or to both such fine and such
imprisonment.
(2) For the purposes of subsubsection (1) “intimate image” means a visual depiction of a person
made by any means in which the person is nude, the genitalia or naked female breasts are exposed
or sexual acts are displayed.
20 Production and dissemination of racist and xenophobic material
Any person who unlawfully and intentionally through a computer or information system—
(a) produces or causes to be produced racist or xenophobic material for the purpose of its
distribution;
(b) offers, makes available or broadcasts or causes to be offered, made available or broadcast
racist or xenophobic material;
(c) distributes or transmits or causes to be distributed or transmitted racist or xenophobic
material;
(d) uses language that tends to lower the reputation or feelings of persons for the reason that
they belong to a group of persons distinguished on the grounds set out in section 56 (3) of
the Constitution or any other grounds whatsoever, if used as a pretext for any of these
factors;
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