(9) An internet service provider who enables access to information provided by a third person
by providing an electronic hyperlink shall not be criminally liable with respect to the information
if the internet service provider-(a) promptly removes or disables access to the information after receiving an order from an
appropriate public authority or court to remove the link; or
(b) through other means, obtains knowledge or becomes aware of stored specific illegal
information promptly informs the appropriate authority to enable it to evaluate the nature
of the information and if necessary issue an order for its removal.
(10) An internet service provider who fails to promptly remove or disable access to information
in terms of subsection (9) shall be guilty of an offence and liable to a fine not exceeding level eight
or to imprisonment for a period not exceeding two years or both such fine and such imprisonment.
(11) Any service provider who knowingly enables access to, stores, transmits or provides an
electronic hyperlink to, any information with knowledge of the unlawfulness of the content of any
such information shall be guilty of an offence and liable to a fine not exceeding level fourteen or
to imprisonment not exceeding a period of ten years or to both such fine and such imprisonment.
PART X
GENERAL PROVISIONS
38 Jurisdiction
(1) A court in Zimbabwe shall have jurisdiction to try any offence under this Act where the
offence was committed wholly or in part—
(a) within Zimbabwe or by any person in or outside Zimbabwe using a computer or
information system or device, software or data located in Zimbabwe; or
(b) on a ship or aircraft registered in Zimbabwe; or
(c) by a national or permanent resident of Zimbabwe or a person carrying on business in
Zimbabwe, whether or not the offence is committed in Zimbabwe; or
(d) by a national or permanent resident of Zimbabwe or a person carrying on business in
Zimbabwe and the offence is committed outside Zimbabwe, if the person’s conduct also
constitutes an offence under the law of the country where the offence was committed and
harmful effects were caused in Zimbabwe; or
(e) by any person, regardless of the location, nationality or citizenship of the person-(i)
using a computer or information system or device, software, or data located within
Zimbabwe; or
(ii) directed against a computer or information system or device, software or data located
in Zimbabwe.
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