African Union Legal Instrument
2.
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d)
Facilitate or provide access to images, documents, sound or representation
of a pornographic nature to a minor;
e)
Create, download, disseminate or make available in any form writings,
messages, photographs, drawings or any other presentation of ideas or
theories of racist or xenophobic nature through a computer system;
f)
Threaten, through a computer system, to commit a criminal offence against
a person for the reason that they belong to a group distinguished by race,
colour, descent, national or ethnic origin or religion where such membership
serves as a pretext for any of these factors, or against a group of persons
which is distinguished by any of these characteristics;
g)
Insult, through a computer system, persons for the reason that they belong
to a group distinguished by race, colour, descent, national or ethnic origin, or
religion or political opinion, if used as a pretext for any of these factors, or
against a group of persons distinguished by any of these characteristics;
h)
Deliberately deny, approve or justify acts constituting genocide or crimes
against humanity through a computer system.
State Parties shall take the necessary legislative and/or regulatory measures to
make the offences provided for under this Convention criminal offences.
When such offences are committed under the aegis of a criminal organization,
they will be punishable by the maximum penalty prescribed for the offense.
3.
State Parties shall take the necessary legislative and/or regulatory measures to
ensure that, in case of conviction, national courts will give a ruling for confiscation
of the materials, equipment, instruments, computer program, and all other
devices or data belonging to the convicted person and used to commit any of the
offences mentioned in this Convention.
4.
Offences relating to electronic message security measures
State Parties shall take the necessary legislative and/or regulatory measures to ensure
that digital evidence in criminal cases is admissible to establish offenses under national
criminal law, provided such evidence has been presented during proceedings and
discussed before the judge, that the person from whom it originates can be duly
identified, and that it has been made out and retained in a manner capable of assuring
its integrity.