another person; or (e) possesses any pornography in a computer system or on a computer data storage medium; commits an offence and is liable, upon conviction, to a fine not exceeding M70, 000 or to imprisonment for a term not exceeding six years or both. (3) For the purpose of this Section, “Publish” includes (a) distribute, transmit, disseminate, circulate, deliver, exhibit, lend for gain, exchange, barter, sell or offer for sale, let on hire or offer to let on hire, offer in any other way, or make available in any way; or (b) have in possession or custody, or under control, for the purpose of doing an act referred to in paragraph (a); or (c) print, photograph, copy or make in any other manner (whether of the same or of a different kind or nature) for the purpose of doing an act referred to in subsection (a) Identity-related crimes Racist and Xenophobic Material 15. 16. A person who, intentionally without lawful excuse or justification or in excess of a lawful excuse or justification by using a computer system in any stage of the offence, intentionally transfers, possesses, or uses, without lawful excuse or justification, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a crime, commits an offence punishable, on conviction, by imprisonment for a period not exceeding two years or to a fine not exceeding M25, 000 or both. A person who, intentionally without lawful excuse or justification or in excess of a lawful excuse or justification (a) produces racist and xenophobic material for the purpose of its distribution through a computer system; (b) offers or makes available racist and xenophobic material through a computer system; (c) distributes or transmits racist and xenophobic material through a computer system; commits an offence punishable, on conviction, by imprisonment for a period not exceeding seven years , or a fine not M70, 000 , or both. Racist and Xenophobic Motivated Insult 17. A person who, intentionally without lawful excuse or justification or in excess of a lawful excuse or justification publicly, through a computer system, uses language that tends to lower the reputation or feelings of (a) persons for the reason that they belong to a group distinguished by race, colour, descent or national or ethnic origin, as well as religion, if used as a pretext for any of these factors; or (b) a group of persons which is distinguished by any of these characteristics