Electronic Transactions Act, 2008
Act 772
Child pornography
136. (1) A person who intentionally does any of the following acts:
(a) publishes child pornography through a computer;
(b) produces or procures child pornography for the purpose of
its publication through a computer system; or
(c) possesses child pornography in a computer system or on a
computer or electronic record storage medium
commits an offence and is liable on summary conviction to a fine of not
more than five thousand penalty units or a term of imprisonment of not
more than ten years or to both.
(2) In this section:
“child pornography” includes material that visually depicts
(a) a child engaged in sexually explicit conduct;
(b) a person who appears to be a child engaged in sexually explicit conduct;
(c) images representing a child engaged in sexually explicit conduct; and
(d) unauthorised images of nude children;
“child” means a person below eighteen years;
“publish” means
(a) distribute, transmit, disseminate, circulate, deliver,
exhibit, lend for gain, exchange, barter, sell or offer
for sale, let on hire or offer to let on hire, offer in any
other way, or make available in any way;
(b) have in possession or custody, or under control, for
the purpose of doing an act referred to in paragraph
(a); and
(c) print, photograph, copy or make in any other manner
whether of the same or of a different kind or nature
to carry out an act referred to in paragraph (a).
Confiscation of assets
137. A Court may order the confiscation of moneys, proceeds, properties
and assets purchased by a person with proceeds derived from or in the
commission of the offence on the conviction of the person for an offence
under this Act and may further order the return of any money or thing to
any victim of the crime.
Order for compensation
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