Attention Students- Sharing of inappriate materials on social networks

 

Students are strongly reminded to refrain from sharing obsence, morally vulgar and offensive materials through online social networks as Enunciated by the ICTA act and Cyber Crime Act

 

 

 
22. Consequential amendments ]

(1) The Child Protection Act is amended - (a) in section 2 by inserting the following definitions in their proper alphabetical order - “film” has the meaning assigned to it by the Films Act 2002;

 “indecent photograph” includes an indecent film, a copy of an indecent photograph or film, and an indecent photograph comprised in a film; “photograph” includes - (a) the negative as well as the positive version; and (b) data stored on a computer disc or by other electronic means which is capable of conversion into a photograph; “pseudo-photograph” means an image, whether made by computer graphics or by any other means, which appears to be a photograph; (b) by inserting immediately after section 14, the following new section - 15. Indecent photographs of children

 (1) Any person who - (a) takes or permits to be taken or to make, any indecent photograph or pseudo-photograph of a child; (b) distributes or shows such indecent photograph or pseudo-photograph; (c) has in his possession such indecent photograph or pseudo-photographs, with a view to it being distributed or shown by himself or any other person; or (d) publishes or causes to be published any advertisement likely to be understood as conveying that the advertiser distributes or shows such indecent 14 photograph or pseudo-photograph, or intends to do so, shall commit an offence. 

 

(2) Where a person is charged with an offence under subsection (1)(b) or (c), it shall be a defence for him to prove that - (a) he had reasonable grounds for distributing or showing the photograph or pseudo-photograph or having them in his possession; and (b) that he had not himself seen the photograph or pseudo-photograph and did not know, nor had any cause to suspect, it to be indecent. 

 

(3) Where - (a) the impression conveyed by the pseudo-photograph is that the person shown is a child; or (b) the predominant impression conveyed is that the person shown is a child, notwithstanding that some of the physical characteristics shown are those of an adult, the pseudo-photograph shall be treated for all purposes of this Act as showing a child. (c) in section 18, by inserting immediately after subsection 

 

(6), the following new subsection – (7) The Court before which a person is convicted of an offence under section 15 may, in addition to any penalty imposed, order – 

(a) the forfeiture of any apparatus, article or thing which is the subject matter of the offence or is used in connection with the commission of the offence; (b) that the material subject matter of the offence be no longer stored on and made available through the computer system, or that the material be deleted. (d) by inserting immediately after section 19, the following new section - 19A Extradition 15 An offence under section 15 of this Act shall be considered to be an extraditable crime for which extradition may be granted or obtained under the Extradition Act.

 (2) The Criminal Code is amended by inserting after section 105 the following new section - 105A. Electronic document or writing. For the purposes of sections 106 to 109, 111 and 112, a document or writing includes any disc, tape, sound track or other device on or in which data is recorded or stored by mechanical, electronic or other means.

 (3) The Criminal Code (Supplementary) Act is amended in section 86 – (i) in subsection (3), by inserting after the word “slide,” the following words “data stored on a computer disc or by any other electronic means capable of conversion into a photograph”, (ii) by adding immediately after subsection (3), the following new subsection – (4) In addition to making an order that the obscene matter forming part of the subject matter of the offence be forfeited, the Court shall, where appropriate, order that the obscene matter be no longer stored on and made available through the computer system, or that the material be deleted. 23. Repeal Sections 369A and 369B of the Criminal Code are repealed. 

 

Passed by the National Assembly on the fifteenth day of July two thousand and three. André Pompon Clerk of the National Assembly