Cyber Security and Data Protection
164B Cyber-bullying and harassment
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10
Any person who unlawfully and intentionally by means of a computer
or information system generates and sends any data message to another
person, or posts on any material whatsoever on any electronic medium
accessible by any person, with the intent to coerce, intimidate, harass,
threaten, bully or cause substantial emotional distress, or to degrade,
humiliate or demean the person of another or to encourage a person to
harm himself or herself, shall be guilty of an offence and liable to a fine
not exceeding level 10 or to imprisonment for a period not exceeding ten
years or to both such fine and such imprisonment.
164C Transmission of false data message intending to cause
harm
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Any person who unlawfully and intentionally by means of a computer
or information system makes available, broadcasts or distributes data to
any other person concerning an identified or identifiable person knowing
it to be false with intend to cause psychological or economic harm shall
be guilty of an offence and liable to a fine not exceeding level 10 or to
imprisonment for a period not exceeding five years or to both such fine
and such imprisonment.
164D Spam
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Any person who intentionally and without lawful excuse—
(a) uses a protected computer system to relay or retransmit
multiple electronic mail messages, with the intent to deceive
or mislead recipients or any electronic mail or internet service
provider as to the origin of such messages; or
(b) materially falsifies header information in multiple electronic
mail messages and initiates the transmission of such
messages.
shall be guilty of an offence and liable to a fine not exceeding level 5 or
to imprisonment for a period not exceeding one year or to both such fine
and such imprisonment.
164E Transmission of intimate images without consent
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(1) Any person who unlawfully and intentionally by means of a
computer or information system makes available, broadcasts or distributes
a data message containing any intimate image of an identifiable person
without the consent of the person concerned causing the humiliation or
embarrassment of such person shall be guilty of an offence and liable to a
fine not exceeding level 10 or to imprisonment for a period not exceeding
five years or to both such fine and such imprisonment.
(2) For the purposes of subsection (1) “intimate image” means
a visual depiction of a person made by any means in which the person
is nude, the genitalia or naked female breasts are exposed or sexual acts
are displayed.
164F Production and dissemination of racist and xenophobic
material
Any person who unlawfully and intentionally through a computer
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