Cyber and Data Protection Act, 2021 Zimbabwe (10) An internet service provider who fails to promptly remove or disable access to information in terms of subsection (9) shall be guilty of an offence and liable to a fine not exceeding level 8 or to imprisonment for a period not exceeding two years or both such fine and such imprisonment. (11) Any service provider who knowingly enables access to, stores, transmits or provides an electronic hyperlink to, any information with knowledge of the unlawfulness of the content of any such information shall be guilty of an offence and liable to a fine not exceeding level 14 or to imprisonment not exceeding a period of ten years or to both such fine and such imprisonment. 379D. Jurisdiction (1) A court in Zimbabwe shall have jurisdiction to try any offence under this Act where the offence was committed wholly or in part— (a) within Zimbabwe or by any person in or outside Zimbabwe using a computer or information system or device, software or data located in Zimbabwe; or (b) on a ship or aircraft registered in Zimbabwe; or (c) by a national or permanent resident of Zimbabwe or a person carrying on business in Zimbabwe, whether or not the offence is committed in Zimbabwe; or (d) by a national or permanent resident of Zimbabwe or a person carrying on business in Zimbabwe and the offence is committed outside Zimbabwe, if the person’s conduct also constitutes an offence under the law of the country where the offence was committed and harmful effects were caused in Zimbabwe; or (e) by any person, regardless of the location, nationality or citizenship of the person— (i) using a computer or information system or device, software, or data located within Zimbabwe; or directed against a computer or information system or (ii) device, software or data located in Zimbabwe. 379E. Admissibility of electronic evidence (1) In any criminal proceedings for an offence in terms of this Act, evidence generated from a computer system or by means of information and communications technologies or electronic communications systems shall be admissible in court. (2) In assessing the admissibility or evidential weight of the evidence, regard shall be given to— (a) the reliability of the manner in which the evidence was generated, stored or communicated; (b) the integrity of the manner in which the evidence was maintained; (c) the manner in which the originator or recipient of the evidence was identified; and (d) any other relevant factors. (3) The authentication of electronically generated documents shall be as prescribed in rules of evidence regulating the integrity and correctness of any other documents presented as evidence in a court of law. (4) This section shall apply in addition to and not in substitution of any other law in terms of which evidence generated by computer systems or information and communications technologies or electronic communications systems or devices may be admissible in evidence. 379F. Forfeiture A court convicting any person of an offence under this Act may order the forfeiture to the State of— (a) any money, asset or property constituting or traceable to the gross proceeds of such offence; and By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 26