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Section 44, 2 The Cyber Security qnd Crine Act 2021

Status not yet checked2 The Cyber Security qnd Crine Act 2021, Sierra Leone

(1) A person, including a corporation, pannership, or cybe,association, who individually or with another person. willfully and stalking and repeatedly communicates, either directly or indirectly, with another ffinr.person, if he knows or ought to have known thal. his conduct - offence aod shall be liable on conviction to a fine not less thari Le 50,000,000 and not more than Le 100,000,000 or to a term of imprisonment not less than 3 years and not exceeding 7 years or to partnership, or association, to a ftne not less than Le 100,000,000 and not exceeding Le 250,000,000 43. A person, including a corporation, partnership, or Elccrronic association, who with the intent to detaud and or misrepresent" forges siS,rature. through electronic devices another person's signatue or company mandate co[units an offence and shall be liable on conviction to a 6ne not less than Le 50,000,000 and not more than Le 1 ,000,000,000 or to a term of imprisonment not less than 3 years and not exceeding 5 years or to both such fine and imprisonment and in the case of a corporation, partnership, or association, to a fine not less than k500,000,000 and not exceeding l,e 5,000,000,000. (a) is likely to cause that person apprehension or fear ofviolence to him or damage or loss on tris propeny-l or (b) detrimentally affects thal person; commits an offence and strall be liable on conviction to a fine not less than Le 30,000,000 and not more than Le 50,000,000 or to a term of imprisotrment not less than 2 years and not exceeding 5 years or to partnership, or associatioq to a fine not less than Le 100,000,000 and not exceeding Le 250,000,000 association, who recklessly or intentionally sends a message or other matter by means ofa computer system or network that- @ No. 7 The Cyber Security ahd Cri e Ae, 2021 Cyber Squatting. (a) is grossly offensive, pomographic or of an indecent, obscene or menacing character or causes any such message or matter to be so disseminated without consent; or ft) he knows to be false, for the purpose of causing danger, obstructioo, insult, injury. criminal intimidation enmity, habe4 ill will or needless anxi€ty to another or causes such a message to be sent, commits an offence anC shall be liable on conviction to a fine not less than Le 30,000,000 and not more than l-e 50,000,000 or to a term of partnership, or association, to a fine not less than Le 100,000,000 and not exceeding t,e 250,000,000. (3) Notwithstanding subsection (l) a person shall not be deemed to have acted in contmvention of this Act ifhe does an act - (a) for the purpose of preventing or detecting crime; (b) in compliance of and in accordance with the terms ofajudicial order issued or in exercise ofany power under this Act or any law; or (c) which is in the interest ofthe public. 45. 0) A person, including a corporation, partnership, or association, who intentionally takes or makes use ofa name, business name, ffidemarl( domain name or other word olphrase registered, owned or in use by an individual, body corporate or belonging to a govemment institution in Sierra Leone, on the intemet or any other computer network, without authority, dght or reasonable excuse and for the purpose of interfering with the use by the owner, registrant or legitimate prior usec shall be liable to damages in a civil action as determined by a Judge ofthe High Court. No.7 The Cyber Searity and Crirne Act 2021 6! (2) ln awarding penalty against an offender under this section, a court shall have regard to the following- (a) refusal by the person to relinquish, upon formal request by the rightful owner without reasonable excuse ofa name, business name, trademark, domain name, or other word or phrase registere{ owned or in use by any individual, body corporate or belonging to the Government of Sierra Leone; or O) any attempt by the offender to obtain compensation in any form for the release to the rightful owner for use of the name, business name, trademark domain name or other rrord or phrase registered, owned or in use by the individual, body corporate or b€looging to the Governrnent ofSiena Leone. (3) In addition to the penalt-v specified in this section, the court may make an order dfuecting an offender to relinquish such registered name, mark, trad€mark, domain name or other word or phrase to the rightful owner.

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