58 No. 5 Computer 'lisuse and Cybercrimes 2018 exceeding twenty years or to a fine not exceeding ten million shillings, or to both. (5) A person who unlawfully and intentionally performs or authorizes, or allows another person to perform a prohibited act as envisaged under this Act in order to gain access, as provided under section 14 ,to or intercept data ,as provided under section 17, which is in possession of the State and which is exempt information in accordance with the law relating to access to information, with the intention to directly or indirectly benefit a foreign state against the Republic of Kenya , commits an offence and is liable, on conviction , to a fine not exceeding five million shillings or to imprisonment for a period not exceeding ten years, or to both. 22. (1) A person who intentionally publishes false, misleading or fictitious data or misinforms with intent that the data shall be considered or acted upon as authentic, with or without any financial gain, commits an offence and shall, on conviction, be liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding two years, or to both. (2) Pursuant to Article 24 of the Constitution, the freedom of expression under Article 33 of the Constitution shall be limited in respect of the intentional publication of false, misleading or fictitious data or misinformation that — (a) is likely to — (i) propagate war; or (ii) incite persons to violence; (b) constitutes hate speech; (c) advocates hatred that — (i) constitutes ethnic incitement, vilification of others or incitement to cause harm; or (ii) is based on any ground of discrimination specified or contemplated in Article 27(4) of the Constitution; or (d) negatively affects the rights or reputations of others. 23. A person who knowingly publishes information that is false in print, broadcast, data or over a computer system, that is calculated or results in panic, chaos, or False publications. Publication of false information.