31 (b) any offence referred to in the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 (Act 33 of 2004). Prohibition on dissemination of data message which advocates, promotes or incites hate, discrimination or violence 17. (1) Any person who unlawfully and intentionally— (a) makes available, broadcasts or distributes; (b) causes to be made available, broadcast or distributed; or (c) assists in making available, broadcasts or distributes, through a computer network or an electronic communications network, to a specific person or the general public, a data message which advocates, promotes or incites hate, discrimination or violence against a person or a group of persons, is guilty of an offence. (2) Any person who contravenes the provisions of subsection (1) is liable, on conviction to a fine or imprisonment not exceeding 2 years. (3) For purposes of this section “data message which advocates, promotes or incites hate, discrimination or violence” means any data message representing ideas or theories, which advocate, promote or incite hatred, discrimination or violence, against a person or a group of persons, based on— (a) national or social origin; (b) race; (c) colour; (d) ethnicity; (e) religious beliefs; (f) gender; (g) gender identity; (h) sexual orientation; (i) caste; or