Cybersecurity Act, 2020 (Act 1038)

Section 62—Indecent image or photograph of a child

(1) A person shall not
(a) take or permit to be taken an indecent image or photograph of a child;
(b) produce or procure an indecent images or photograph of a child for the purpose of the publication of the indecent image or photograph through a computer system;
(c) publish, stream. including live stream, an indecent images or photograph of a child through a computer or an electronic device; or
(d) possess an indecent images or photograph of a child in a computer system or on a computer or electronic record storage medium.

(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of not less than two thousand five hundred penalty units and not more than five thousand penalty units or to a term of imprisonment of not less than five years and not more than ten years or to both.

Section 63—Dealing with a child for purposes of sexual abuse

(1) A person shall not use
(a) a computer online service,
(b) an internet service,
(c) a local bulletin board service, or
(d) any other device capable of electronic data storage or transmission to seduce, solicit, lure, groom or entice, or attempt to seduce, solicit, lure, groom or entice, a child or another person believed by the person to be a child, for the purpose of facilitating, encouraging, offering, or soliciting unlawful sexual conduct of or with any child, or the visual depiction of such conduct.
(2) A person who contravenes subsection (1), commits an offence and is liable on summary conviction to a term of imprisonment of not less than five years and not more than fifteen years.

Section 64—Aiding and abetting of child dealing for purposes of sexual abuse

(1) An owner or operator of a computer on-line service, weblog, internet service, or internet bulletin board service shall not
(a) aid and abet another person for the purpose of facilitating or encouraging the on-line solicitation of a child; or
(b) permit any person to use the service of that person for the purpose of facilitating, encouraging, offering, or soliciting unlawful sexual conduct of or with a child, or the visual depiction of such conduct.
(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a term of imprisonment of not less than five years and not more than fifteen years.

Section 65—Cyberstalking of a child

(1) A person shall not use a computer online service, an internet service, or a local internet bulletin board service or any other electronic device to compile, transmit, publish, reproduce, buy, sell, receive, exchange, or disseminate the name, telephone number, electronic mail address, residence address, picture, physical description, characteristics, or any other identifying information on a child in furtherance of an effort to arrange a meeting with the child for the purpose of engaging in sexual intercourse, sexually explicit conduct, or unlawful sexual activity.

(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a term of imprisonment of not less than five years and not more than fifteen years.

(3) For the purpose of this section, "unlawful sexual activity" means a sexual activity characterised by
(a) a recurrent intense sexual urge of a person,
(b) a sexually arousing fantasy of a person, or
(c) the use of an object by a person resulting in the suffering or humiliation of that person, the partner of that person, a child or any other non-consenting partner.

Section 66—Sexual extortion

(1) A person shall not threaten to distribute by post, email, text, or transmit, by electronic means or otherwise, a private image or moving images of the other person engaged in sexually explicit conduct, with the specific intent to
(a) harass, threaten, coerce, intimidate or exert any undue influence on the person, especially to extort money or other consideration or to compel the victim to engage in unwanted sexual activity; or
(b) actually extort money or other consideration or compel the victim to engage in unwanted sexual activity.

(2) A person shall not threaten to distribute by post, email, text, or transmit, by electronic means or otherwise, an intimate image of a child engaged in sexually explicit conduct, with the specific intent to
(a) harass, threaten, coerce, or intimidate the person, especially with intent to extort money or other consideration or to compel the victim to engage in unwanted sexual activity; or

Section 67—Non-consensual sharing of intimate image

(1) A person shall not, with intent to, cause serious emotional distress, intentionally distribute or intentionally cause another person to distribute the intimate image or prohibited visual recording of another identifiable person without the consent of the person depicted in the intimate image and in respect of which, there was a reasonable expectation of privacy both at the time of the creation of the image or visual recording and at the time the offence was committed.

(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a term of imprisonment of not less than one year and not more than three years.

(3) For the purpose of this section, "serious emotional distress" includes any intentional conduct that results in mental reactions such as fright, nervousness, grief, anxiety, worry, mortification, shock, humiliation and indignity, as well as physical pain.

Section 68—Threat to distribute prohibited intimate image or visual recording

(1) A person shall not threaten another person to distribute a prohibited intimate image or visual recording of that person in a way that would cause that other person distress reasonably arising in all the circumstances and the threat is made in a way that would cause that other person fear, reasonably arising in all the circumstances, of the threat being carried out.

(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a term of imprisonment of not less than one year and not more than three years.
Cybersecurity and Investigatory Powers

Section 69—Application for production order of subscriber information

(1) An investigative officer may apply ex-parte to the High Court for a production order to collect subscriber information.

(2) An investigative officer who makes an application under subsection (1) shall demonstrate to the satisfaction of the Court that there are reasonable grounds to believe that the subscriber information associated with a specified communication and related to or connected with a person under investigation is reasonably required for the purposes of a specific criminal investigation.

(3) Where an investigative officer makes an application under subsection (1), that investigative officer shall
(a) explain why the investigative officer believes the subscriber information sought, will be available to the person in control of the computer or computer system;