UP TO E1M FINE FOR CHILD PORN

MBABANE – Do you produce, possess or distribute child pornography?

Such an action might come with serious repercussions following the proposed Computer Crime and Cybercrime Bill, 2017, whose aim is to criminalise offences involving computers and network-related crimes.
Wikipedia describes child pornography as any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct. The production of such visual depiction involves the use of a minor engaging in sexually explicit conduct, is a digital, computer, or computer-generated image that is, or is indistinguishable from that of a minor engaging in sexually explicit conduct or has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct.

According to the Bill, a person who will be found guilty of intentionally and without lawful excuse or justification, producing child pornography for the purpose of distribution through a computer system, will be liable to a fine not exceeding E1 million. The new Bill is contained in the Swaziland Government Gazette dated December 1, 2017 and includes crimes such as offering or making available child pornography through a computer system, distributing or transmitting child pornography through same and procuring or obtaining child pornography through a system for oneself or another person. Included in the Bill, which is yet to be tabled in Parliament, are acts of possessing child pornography in computer systems or computer-data storage mediums. Section 12, Subsection 1 states that, those who would be convicted of knowingly obtaining access through information and communication technologies to child pornography, would not be spared as they would also be liable to a hefty fine or imprisonment for a period not exceeding 10 years or both. In its definition of pornography, the Bill describes it from the perspective of a person who produced it for the purpose of distributing, offering or making it available through a computer system.

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