Electronic Communications Act, 2008

ACT 775

False communications
76. (1) A person who by means of electronic communications service,
knowingly sends a communication which is false or misleading and likely
to prejudice the efficiency of life saving service or to endanger the safety
of any person, ship, aircraft, vessel or vehicle commits an offence and is
liable on summary conviction to a fine of not more than three thousand
penalty units or to a term of imprisonment of not more than five years
or both.
(2) A person is taken to know that a communication is false or
misleading if that person did not take reasonable steps to find out whether
the communication was false, misleading, reckless or fraudulent.
(3) Subsection (2) does not apply to the operator or provider of a
network or service over which a communication is sent.
Damage to equipment
77. A person who
(a) recklessly, maliciously or negligently damages, removes or
destroys a facility, or
(b) recklessly, intentionally or negligently interferes with, causes
damage to, or accesses without authorisation a computer,
switch or other facility
used in connection with the operation or provision of electronic
communications network or service, commits an offence, and is liable on
summary conviction to a fine of not more than three thousand penalty
units or to a term of imprisonment of not more than five years or both.
Recovery of civil debt
78. Without limits to the rights that a person may have at law, a person
convicted of an offence under this Act is liable for the expenses reasonably
incurred in the repair, restoration or replacement of a computer, switch
or other facility damaged, removed or destroyed by that person and the
expenses are recoverable as a civil debt.
Confidentiality and disclosure of personal information
79. A person who intentionally
(a) discloses communication which that person knows was
obtained in contravention of this Act, or
(b) uses or discloses personal information in contravention of
this Act,

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