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KNOW YOUR LAWS: Malicious communication

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know-your-laws

  1. Malicious communications

(15. — (1) A person shall not use a computer to send a message, letter, electronic communication or article of any description that —

(a) is indecent or obscene;

(b) constitutes a threat; or

(c) is menacing in character,

with the intention to cause or being reckless as to whether he or she causes annoyance, inconvenience, distress or anxiety to the recipient or to any other person to whom he or she intends it or its contents to be communicated.

(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding three months or both and in the case of a subsequent conviction, to a fine not exceeding twenty thousand dollars or to imprisonment for a term not exceeding six months or both.

Please note

In this act “computer” means a device that accepts information, in the form of digitalized data, and manipulates the information for some result based on a program or sequence of instructions on how the data is to be processed;

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