ELECTRONIC TRANSACTIONS ACT, 2001

(Act 8 of 2001)

Part IX
0ffences

42.Whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy or alter any computer source code used for a computer, computer program, computer system or computer network, when the computer source code is required to be kept or maintained by law for the time being in force, shall he guilty of an offence and liable on conviction to imprisonment for three years and a fine of R20,000. For the purposes of this section, "computer source code" means the listing of programmes, computer commands, design and layout and programme analysis of computer resource in any form.

43.If any person who is required under this Act or any regulation made thereunder to-

(a) Furnish any document, return or report to the Controller or to the Certifying Authority fails to furnish the same, he shall be guilty of an of offence and shall on conviction be liable to a fine not exceeding R 10, 000 for each such failure;

(b)file any return or furnish any information, book or other document within the time specified therefore in the regulations fails to file the return or furnish the same within the time specified therefore in the regulations, he shall be guilty of an offence and liable on conviction to a fine not exceeding R1000 for every day during which such failure continues;

(c) maintain books of account or records fails to maintain the same, he shall be liable to a fine not exceeding R10,000

44.(I) The Controller may, by order, direct a Certifying Authority to take such measures or cease carrying on such activities as specified in the order to ensure compliance with the provisions of this Act or any regulations made thereunder,

(2) Any person who fails to comply with any order under subsection (l) shall be guilty of an offence and shall be liable on conviction to imprisonment for three years and to a fine not exceeding R20,000.

45.(I) If the Controller is satisfied that it is necessary or expedient so to do in the interest of the sovereignty or the security of the Republic, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence, he may, for reasons to be recorded in writing, by order, direct any agency or the Government to intercept any information transmitted through any computer resource

(2) The subscriber or any person in charge of the computer resources shall, when called upon by any agency which has been directed under subsection (I), extend all facilities and technical assistance to decrypt the information.

(3) The subscriber or any person who fails to assist the agency referred to in subsection (2) shall be guilty of an offence and liable to imprisonment for seven years.

46. (I) The Controller may, by notification in the Official Gazette, declare that any computer, computer system or computer network is a protected system.

(2) The Controller may, by order in writing, authorise the persons who may access a protected system notified under sub section (I).

(3)Any person who secures access or attempts to secure access to a protected system without being authorised under this section shall be guilty of an offence and liable on conviction to imprisonment for two years and to a fine of R10,000.

47. Whoever makes any misrepresentation to, or suppresses any material fact from, the Controller or the Certifying Authority for obtaining any licence or Digital Signature Certificate as the case may be, shall he guilty of an offence and liable on conviction to imprisonment for two years and to a fine of R10,000.

48. Save as otherwise provided in this Act or any other law for the time being in force, any person who, in pursuance the powers conferred under this Act or regulations made thereunder, secures access to any electronic record, book, register, correspondence, information, document or other material and without the consent of the person concerned discloses such electronic record, book, register, correspondence, information, document or other material to any other person shall be guilty of an offence and liable on conviction to imprisonment for five years and to a fine of R10,000.

49(1) No person shall publish a Digital Signature Certificate or otherwise make it available to any other person with the knowledge that -

(a) the Certifying Authority listed in the certificate has not issued it; or

(b)the subscriber listed in the certificate has not accepted it; or

(c)the certificate has been revoked or suspended.

Unless such publication is for the purpose of verifying a digital signature created prior to such suspension or revocation.

(2) Any person who contravenes the provisions of subsection (I) shall be guilty of an offence and liable on conviction to imprisonment for two years and to a fine of R10,000.

50.Whoever knowingly creates, publishes or otherwise makes available a Digital Signature Certificate for any fraudulent or unlawful purpose shall be guilty of an offence and liable on conviction to imprisonment for two years and to a fine of R10,000 or to both such imprisonment and fine.

51.(1) Subject to the provisions of subsection (2), the provisions of this Act shall apply also to any offence committed outside Seychelles by any person irrespective of the person’s nationality.

(2) For the purposes of subsection(l), this Act shall apply to an offence committed outside Seychelles by any person if the act or conduct constituting the offence involves a computer, computer system or computer network located in Seychelles.

52. Any computer, computer system, floppies, compact discs, tape drives or any other accessories related thereto, in respect of which any provision of the Act or regulations made thereunder has been contravened, shall be liable to forfeiture:

Provided that where it is established to the satisfaction of the Court that the person in whose possession, power or control any such computer, computer system, floppies, compact discs, tape drives or any other accessories relating thereto are found is not responsible for the contravention of the provisions of this Act or regulations made thereunder, the Court may, instead of making an order for forfeiture of such computer, computer system, floppies, compact discs, tape drives or any other accessories related thereto, make such other order authorised by this Act against the person contravening the provisions of this Act or regulations made thereunder, as it may think fit.