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ACTS SUPPLEMENT No. 2 14th Febuary, 2011. ACTS SUPPLEMENT to The Uganda Gazette No. 10 Volume CIV dated 14th February, 2011. Printed by UPPC, Entebbe, by Order of the Government. |
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Act 2 |
Computer Misuse Act |
2011 |
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THE COMPUTER MISUSE ACT, 2011. |
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ARRANGEMENT OF SECTIONS. |
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Part I—Preliminary. |
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Section. |
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1. |
Commencement. |
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2. |
Interpretation. |
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Part II—General Provisions. |
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3. |
Securing access. |
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4. |
Using a program. |
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5. |
Authorised access. |
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6. |
References. |
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7. |
Modification of contents. |
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8. |
Unauthorised modification. |
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Part III—Investigations and Procedures. |
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9. |
Preservation order. |
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10. |
Disclosure of preservation Order. |
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11. |
Production order. |
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Part IV—Computer Misuse Offences. |
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12. |
Unauthorised access. |
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13. |
Access with intent to commit or facilitate commission |
r e furth f o |
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offence. |
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14. |
unauthorised modification of computer material. |
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15. |
unauthorised use or interception of computer service. |
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16. |
unauthorised obstruction of use of computer. |
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17. |
unauthorised disclosure of access code. |
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Act 2 Computer Misuse Act 2011 Section.
Part V—Miscellaneous.
SCHEDULE. Currency point. |
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Act 2 |
Computer Misuse Act |
2011 |
THE COMPUTER MISUSE ACT, 2011 An Act to make provision for the safety and security of electronic transactions and information systems; to prevent unlawful access, abuse or misuse of information systems including computers and to make provision for securing the conduct of electronic transactions in a trustworthy electronic environment and to provide for other related matters. Date of Assent: 1st November, 2010. Date of Commencement: See Section 1. Be it enacted by Parliament as follows: Part I—Preliminary.
This Act shall come into force on a date appointed by the Minister by statutory instrument
In this Act, unless the context otherwise requires— |
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Act 2 |
Computer Misuse Act 2011 |
access” means gaining entry to any electronic system or data held in an electronic system or causing the electronic system to perform any function to achieve that objective; application” means a set of instructions that, when executed in a computer system, causes a computer system to perform a function and includes such a set of instructions held in any removable storage medium which is for the time being in a computer system; authorised officer” has the meaning assigned to it in section 28; child” means a person under the age of eighteen years; computer” means an electronic, magnetic, optical, electrochemical or other data processing device or a group of such interconnected or related devices, performing logical, arithmetic or storage functions; and includes any data storage facility or communications facility directly related to or operating in conjunction with such a device or group of such interconnected or related devices; computer output” or “output” means a statement, information or representation, whether in written, printed, pictorial, graphical or other form—
computer service” includes computer time, data processing and the storage retrieval of data; content” includes components of computer hardware and software; currency point” means the value of a currency point specified in the Schedule; |
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Act 2 |
Computer Misuse Act |
2011 |
“damage” means any impairment to a computer or the integrity or availability of data, program, system or information that—
“data” means electronic representations of information in any form; “data message” means data generated, sent, received or stored by computer means; and includes—
“electronic device”, “acoustic device”, or “other device” means any device or apparatus that is used or is capable of being used to intercept any function of a computer; “electronic record” means data which is recorded or stored on any medium in or by a computer or other similar device, that can be read or perceived by a person or a computer system or other similar device and includes a display, printout or other out put of that data; “function” includes logic, control, arithmetic, deletion, storage, retrieval and communication or telecommunication to, from or within a computer; “information” includes data, text, images, sounds, codes, computer programs, software and databases; 5 |
Act 2 Computer Misuse Act 2011 |
“information system” means a system for generating, sending, receiving, storing, displaying or otherwise processing data messages; and includes the internet or any other information sharing system; “information system services” includes a provision of connections, operation facilities, for information systems, the provision of access to information systems, the transmission or routing of data messages between or among points specified by a user and the processing and storage of data, at the individual request of the recipient of the service; “intercept”, in relation to a function of a computer, includes listening to or recording a function of a computer or acquiring the substance, meaning or purport of such a function; “Minister” means the Minister responsible for information and communications technology; “person” includes any company or association or body of persons corporate or unincorporate; “program” or “computer program” means data representing instructions or statements that, when executed in a computer, causes the computer to perform a function; “traffic data” means any computer data relating to communication by means of a computer system generated by a computer system that formed a part in the chain of communication, indicating the communication’s origin, destination, route, time, date, size, duration or type of underlying service. Part II—General Provisions.
A person secures access to any program or data held in a computer if that person— |
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Act 2 Computer Misuse Act 2011
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A person uses a program if the function he or she causes the computer to perform—
Access by a person to any program or data held in a computer is authorised if—
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Act 2 Computer Misuse Act 2011
A modification of the contents of any computer takes place if, by the operation of any function of the computer concerned or any other computer connected to it result into—
Modification is unauthorised if—
Part III—Investigations and Procedures.
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Act 2 |
Computer Misuse Act |
2011 |
The investigative officer may, for the purpose of a criminal investigation or the prosecution of an offence, apply to court for an order for the disclosure of—
Part III—Computer Misuse Offences.
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Act 2 Computer Misuse Act 2011 |
a further offence.
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10 |
Act 2 Computer Misuse Act 2011
commits an offence.
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Act 2 |
Computer Misuse Act |
2011 |
commits an offence and is liable on conviction to a fine not exceeding two hundred and forty currency points or to imprisonment not exceeding ten years or both; and in the case of a subsequent conviction, to a fine not exceeding three hundred and sixty currency points or imprisonment not exceeding fifteen years or both. |
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Act 2 Computer Misuse Act 2011
A person who, knowingly and without authority or lawful excuse—
commits an offence and is liable on conviction to a fine not exceeding two hundred and forty currency points or to imprisonment not exceeding ten years or both; and in the case of a subsequent conviction, to a fine not exceeding three hundred and sixty currency points or imprisonment not exceeding fifteen years or both.
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Act 2 Computer Misuse Act 2011 |
computers.
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Act 2 Computer Misuse Act 2011 |
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Act 2 Computer Misuse Act 2011
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(a) |
produces child pornography for the purposes of its |
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distribution through a computer; |
(b) |
offers or makes available child pornography through a |
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computer; |
(c) |
distributes or transmits child pornography through a |
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computer; |
(d) |
procures child pornography through a computer for himself |
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or herself or another person; or |
(e) |
unlawfully possesses child pornography on a computer, |
commits |
an offence. |
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Act 2 Computer Misuse Act 2011 |
Any person who willfully and repeatedly uses electronic communication to disturb or attempts to disturb the peace, quiet or right of privacy of any person with no purpose of legitimate communication whether or not a conversation ensues commits a misdemeanor and is liable on conviction to a fine not exceeding twenty four currency points or imprisonment not exceeding one year or both.
Any person who willfully, maliciously, and repeatedly uses electronic communication to harass another person and makes a threat with the intent to place that person in reasonable fear for his or her safety or to a member of that person’s immediate family commits the crime of cyber stalking and is liable on conviction to a fine not exceeding one hundred and twenty currency points or imprisonment not exceeding five years or both. |
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Act 2 Computer Misuse Act 2011 |
Where a person is convicted under this Act, the court shall in addition to the punishment provided therein, order such person to pay by way of compensation to the aggrieved party, such sum as is in the opinion of the court just, having regard to the loss suffered by the aggrieved party; and such order shall be a decree under the provisions of the Civil Procedure Act, and shall be executed in the manner provided under that Act. Part V—Miscellaneous.
the Magistrate may issue a warrant authorising a police officer to enter and search the premises, using such reasonable force as is necessary.
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Act 2 Computer Misuse Act 2011 |
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Act 2 Computer Misuse Act 2011 |
“authorised officer” means a police officer who has obtained an authorising warrant under subsection (1); and “premises” includes land, buildings, movable structures, vehicles, vessels, aircraft and hover craft.
electronic record.
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Act 2 Computer Misuse Act 2011 |
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Act 2 Computer Misuse Act 2011
A court presided over by a chief magistrate or magistrate grade I has jurisdiction to hear and determine all offences in this Act and, notwithstanding anything to the contrary in any written law, has power to impose the full penalty or punishment in respect of any offence under this Act.
The Minister may by statutory instrument with the approval of the Cabinet, amend the Schedule to this Act. |
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Act 2 |
Computer Misuse Act 2011 SCHEDULE Section 2. Currency point One currency point is equivalent to twenty thousand shillings. |
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Act 2 Computer Misuse Act Cross reference Magistrates Courts Act, Cap.16. |
2011 |
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