Cyber and Data Protection Act, 2021 Zimbabwe 164C. Transmission of false data message intending to cause harm 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 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 (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 or video of an identifiable person without the consent of the person concerned or with recklessness as to the lack of consent of the person concerned, with the aim of 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 or information system— (a) produces or causes to be produced racist or xenophobic material for the purpose of its distribution; (b) offers, makes available or broadcasts or causes to be offered, made available or broadcast racist or xenophobic material; (c) distributes or transmits or causes to be distributed or transmitted racist or xenophobic material; (d) uses language that tends to lower the reputation or feelings of persons for the reason that they belong to a group of persons distinguished on the grounds set out in section 56(3) of the Constitution or any other grounds whatsoever, if used as a pretext for any of these factors; shall be guilty of an offence and liable to a fine not exceeding level 14 or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment. 164G. Identity-related offence (1) Any person who unlawfully and intentionally by means of information and communication technologies 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 By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 21