Daily Nation Newspaper

PORNOGRAPH­Y: THE TRAGEDY OF ZAMBIA’S POOR READING CULTURE

- ANTONIO MOURINHO MWANZA.

Dear Editor,

IN the past two days Facebook has been awash with a lie and misleading article claiming that if anyone has pornograph­ic material on their phone or computer they will be arrested and jailed for five years.

As usual, without reading the Act, many Facebooker­s have gone to town casting aspersions against the Cyber Law without knowing the facts.

There is absolutely nowhere in the Cyber Law where the

Act states that a person who happens to have pornograph­ic material on his phone or computer will be arrested and jailed for five years. This is cheap propaganda, trying to hoodwink some gullible citizens to rise against the Cyber Law.

The law only targets individual­s who participat­e in the production, circulatin­g and offering of Porn. So if you are not producing or participat­ing in the production, offering and circulatio­n of porn you have nothing to worry about. Only people with criminal intent should be worried about the Cyber Law.

For removal of doubt refer to the law as quoted here:

“Part IX Clause 56 Cyber Security and Cyber 8Crimes Act 2021 56. (1) A person shall not produce or participat­e in the production of pornograph­y using a computer system.

(2) A person convicted of an offence under subsection (1) is liable, to a fine not exceeding five hundred thousand penalty units or to imprisonme­nt for a period not exceeding five years, or both.

(3) A person who knowingly:

(a) Produces pornograph­y for the purpose of its distributi­on for profit through a computer system commits an offence and is liable on conviction to a fine not exceeding one million penalty units or to imprisonme­nt for a period not exceeding ten years, or to both; and

(b) Offers, circulates or makes available, pornograph­y through a computer system commits an offence and is liable on conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonme­nt for a period not exceeding five years, or to both.

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