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COMPUTER MISUSE ACT
CHAPTER 11:17

Act
86 of 2000

Current Authorised Pages
Pages(inclusive)
1–16

Authorisedby L.R.O.
..

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Computer Misuse

Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.

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CHAPTER 11:17

COMPUTER MISUSE ACTARRANGEMENT OF SECTIONSPART IPRELIMINARYSECTION

1. Short title.
2. Interpretation.
PART II

OFFENCES
3.
4.
5.
6.
7.
8.
9.
10.
11.

Unauthorised access to computer program or data.
Access with intent to commit or facilitate commission of offence.
Unauthorised modification of computer program or data.
Unauthorised use or interception of computer service.
Unauthorised obstruction of use or use of computer.
Unauthorised disclosure of access code.
Enhanced punishment for offences involving protected computers.
Unauthorised receiving or giving access to computer program or data.
Causing a computer to cease to function.
PART III

GENERAL PROVISIONS
12.
13.
14.
15.
16.
17.

Territorial scope of offences under this Act.
Jurisdiction of Court.
Order for payment of compensation.
Saving for investigations by police officer.
Power of police officer to access computer program or data.
Limitation period.

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Computer Misuse
CHAPTER 11:17

COMPUTER MISUSE ACT
86 of 2000.

Commencement.

An Act to prohibit any unauthorised access, use or interferencewith a computer and for other related matters.
[2ND NOVEMBER 2000]
PART IPRELIMINARY
Short title.
Interpretation.

1. This Act may be cited as the Computer Misuse Act.
2. (1) In this Act—
“computer” means an electronic, optical, electrochemical, or amagnetic, or other data processing device, or a group of suchinterconnected 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 device or group of suchinter-connected or related devices, but does not include—(a) an automated typewriter or typesetter;(b) a portable hand held calculator;(c) a similar device which is non-programmableor which does not contain any data storage
facility; or(d) such other device as the Minister may prescribe
by Order;“computer output” or “output” means a statement or
representation, whether in written, printed, pictorial,
graphical or any other form, purporting to be a statement or
representation of fact—(a) produced by a computer; or(b) accurately translated from a statement or
representation so produced;“computer service” includes computer time, computer output, dataprocessing and the storage or retrieval of a program or data;
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5“damage” includes, except for the purpose of section 13, any
impairment to a computer or the integrity or availability ofany program or data held in a computer that—(a) causes loss aggregating at least ten thousand
dollars in value, or such other larger amount as
the Minister may prescribe by Order, except thatany loss incurred or accrued more than one year
after the date of the loss shall not be taken into
account;(b) modifies or impairs, or potentially modifies or
impairs, the medical examination, diagnosis,
treatment or care of a person;(c) causes or threatens physical injury or death to aperson; or(d) threatens the public interest;“data” means representations of information or of concepts thatare being prepared or have been prepared in a form suitablefor use in a computer;“electronic, acoustic, mechanical or other device” means any
device or apparatus that is used or capable of being used tointercept any function of a computer;“function” includes logic, control, arithmetic, deletion, storage andretrieval, and communication or telecommunication to, fromor within a computer;“intercept” includes, in relation to a function of a computer,
listening to or recording a function of a computer, or
acquiring the substance, meaning or purport thereof;“program or computer program” means data representing
instructions or statements that, when executed in a computer,
causes the computer to perform a function.
(2) For the purpose of this Act, access of any kind by any
person to any program or data held in a computer is unauthorisedor done without authority if—(a) he is not himself entitled to control access of thekind in question to the program or data; and(b) he does not have consent to access the kind of
program or data in question from the person who
is entitled to control access.
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Computer Misuse(3) A reference in this Act to a program or data held in acomputer includes a reference to any program or data held in any
removable storage medium which is for the time being in thecomputer; and a computer is to be regarded as containing any
program or data held in any such medium.
(4) A reference in this Act to a program includes areference to part of a program.
(5) For the purpose of this Act—(a) a program or data held in a computer or in any
storage medium capable of being accessed andprinted into readable form through a computer isa document; and(b) it is immaterial that access to a program or data
held in a computer is achieved through the use ofthat or any other computer or by any other means.
PART II

OFFENCES
Unauthorised
access tocomputerprogram or data.

3. (1) Subject to subsection (2), a person who knowingly
and without authority causes a computer to perform any function
for the purpose of securing access to any program or data held inthat computer or in any other computer commits an offence and isliable on summary conviction to a fine of fifteen thousand dollars
and to imprisonment for two years and, in the case of a second or
subsequent conviction, to a fine of thirty thousand dollars and to
imprisonment for four years.
(2) If any damage is caused as a result of an offence
committed under subsection (1), the person convicted of the offence
shall be liable to an additional fine of twenty thousand dollars andto imprisonment for three years.
(3) For the purpose of this section, it is not material thatthe act in question is not directed at—(a) any particular program or data;(b) a program or data of any kind; or(c) a program or data held in any particular computer.
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7(4) For the purpose of this section, a person secures orgains access to any program or data held in a computer if by causing
the computer to perform any function he—(a) alters or erases the program or data;(b) copies or moves it to any storage medium otherthan that in which it is held or to a different
location in the storage medium in which it is held;(c) uses it; or(d) causes it to be output from the computer in which
it is held, whether by having it displayed or in
any other manner,and references to access to a program or data and to an intent tosecure such access shall be read accordingly.
(5) For the purpose of subsection (4)(c), a person uses a
program if the function he causes the computer to perform—(a) causes the program to be executed; or(b) is itself a function of the program.
(6) For the purpose of subsection (4)(d), the form in which
any program or data is output, and in particular whether or not it
represents a form in which, in the case of a program, it is capableof being executed or, in the case of data, it is capable of being
processed by a computer, is immaterial.
4. (1) A person who knowingly causes a computer to Access withto commit
perform any function for the purpose of securing access to any intent
or facilitateofprogram or data held in that computer or in any other computer commission
offence.
with intent to commit an offence—(a) involving property, fraud, dishonesty or whichcauses bodily harm; and(b) which is punishable on conviction by
imprisonment for more than one year,
commits an offence and is liable on summary conviction to a fineof fifteen thousand dollars and to imprisonment for two years.
(2) For the purpose of this section, it is immaterial
whether—(a) the access referred to in subsection (1) is
authorised or unauthorised;
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Computer Misuse(b) the offence to which this section applies is—(i) committed at the same time when theaccess is secured or at any other time; and(ii) punishable summarily or indictably.
Unauthorised
modification ofcomputerprogram or data.

5. (1) Subject to subsection (2), a person who does a direct
or an indirect act without authority which he knows will cause an
unauthorised modification of any program or data held in any
computer commits an offence and is liable on summary conviction
to a fine of fifteen thousand dollars and to imprisonment for two
years and, in the case of a second or subsequent conviction, to afine of thirty thousand dollars and to imprisonment for four years.
(2) If any damage is caused as a result of an offence
committed under subsection (1), the person convicted of the offence
shall be liable to an additional fine of twenty thousand dollars andto imprisonment for three years.
(3) For the purpose of this section—(a) it is immaterial that the act in question is notdirected at—(i) any particular program or data;(ii) a program or data of any kind; or(iii) a program or data held in any particular
computer;(b) it is immaterial whether an unauthorised
modification is, or is intended to be, permanentor merely temporary;(c) a modification of any program or data held in any
computer takes place if, by the operation of any
function of the computer concerned or any othercomputer—(i) any program or data held in any computeris altered or erased;(ii) any program or data is added to or removed
from any program or data held in any
computer; or(iii) any act occurs which impairs the normal
operation of any computer,and any act which contributes towards causing such a modification
shall be regarded as causing it.
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9(4) Any modification referred to in this section isunauthorised if—(a) the person whose act causes it is not himself
entitled to determine whether the modification
should be made; and(b) he does not have consent to the modification fromthe person who is so entitled.
6. (1) Subject to subsection (2), a person who knowingly Unauthoriseduse orand without authority—interception of(a) secures access to a computer for the purpose of computer
service.
obtaining, directly or indirectly, any computer
service;(b) intercepts or causes to be intercepted, directly or
indirectly, any function of any computer by meansof an electromagnetic, acoustic, mechanical orother device; or(c) uses or causes to be used, directly or indirectly, acomputer, or any other device for the purpose ofcommitting an offence under paragraph (a) or (b),commits an offence and is liable on summary conviction to a fineof fifteen thousand dollars and to imprisonment for two years and,in the case of a second or subsequent conviction, to a fine of thirty
thousand dollars and to imprisonment for four years.
(2) If any damage is caused as a result of an offence undersubsection (1), the person convicted of the offence shall be liable
to an additional fine of twenty thousand dollars and to
imprisonment for three years.
(3) For the purpose of this section, it is immaterial thatthe unauthorised access or interception is not directed at—(a) any particular program or data;(b) a program or data of any kind; or(c) a program or data held in any particular computer.
7. (1) Subject to subsection (2), a person who knowingly Unauthorised
obstruction of
and without authority—
use or use of(a) interferes with, interrupts, or obstructs the lawful computer.
use of a computer; or
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Computer Misuse(b) impedes, prevents access to, or impairs theusefulness or effectiveness of any program or data
held in a computer,commits an offence and is liable on summary conviction to a fineof fifteen thousand dollars and to imprisonment for two years and,in the case of a second or subsequent conviction, to a fine of thirty
thousand dollars and to imprisonment for four years.
(2) If any damage is caused as a result of an offence
committed under subsection (1), the person convicted of the offence
shall be liable to an additional fine of twenty thousand dollars andto imprisonment for three years.
Unauthorised
disclosure ofaccess code.

8. (1) A person who knowingly and without authority
discloses any password, access code or any other means of gaining
access to any program or data held in a computer commits anoffence and is liable on summary conviction to a fine of fifteen
thousand dollars and to imprisonment for two years and, in thecase of a second or subsequent conviction, to a fine of thirty
thousand dollars and to imprisonment for four years.
(2) A person who knowingly and without authority
discloses any password, access code or any other means of gaining
access to any program or data held in a computer commits anoffence if he did so—(a) for any unlawful gain, whether to himself or toanother person;(b) for any unlawful purpose; or(c) knowing that it is likely to cause unlawful
damage,is liable on summary conviction to a fine of thirty thousand dollars
and to imprisonment for four years and, in the case of a second or
subsequent conviction, to a fine of fifty thousand dollars and to
imprisonment for five years.

Enhancedpunishment foroffences
involvingprotected
computers.

9. (1) Where access to any protected computers is obtainedin the course of the commission of an offence under section 3, 5,
6 or 7, the person convicted of such an offence shall, in lieu of
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the penalty prescribed in those sections, be liable on conviction
on indictment to a fine of one hundred and fifty thousand dollars
and to imprisonment for ten years.
(2) For the purpose of subsection (1), a computer shallbe treated as a “protected computer” if the person committing
the offence knew, or ought reasonably to have known that thecomputer, program or data is used directly in connection with ornecessary for—(a) the security, defence or international relations of
the State;(b) the existence or identity of a confidential sourceof information relating to the enforcement of acriminal law;(c) the provision of services directly related tocommunications infrastructure, banking andfinancial services, public utilities, public
transportation or public key infrastructure; or(d) the protection of public safety and public health,including systems related to essential
emergency services such as police, civil defence
and medical services.
(3) For the purpose of any prosecution under this section,
it shall be presumed, until the contrary is proved, that the accusedhas the requisite knowledge referred to in subsection (2) if there is,in respect of the computer or program or data, an electronic orother warning exhibited to the accused stating that unauthorised
access to that computer or program or data attracts an enhanced
penalty under this section.
10. (1) A person who receives or is given access to any Unauthorised
receiving or
program or data held in a computer and who is not authorised to giving access toreceive or have access to that program or data from another person, computer
program or data.
whether or not he knows that that person has obtained that programor data through authorised or unauthorised means, commits anoffence and is liable on summary conviction to a fine of fifteen
thousand dollars and to imprisonment for two years.
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Computer Misuse(2) A person who is authorised to receive or have accessto any program or data held in a computer and who receives that
program or data from another person knowing that that person has
obtained that program or data through unauthorised means commits
an offence and is liable on summary conviction to a fine of fifteen
thousand dollars and to imprisonment for two years.
(3) A person who has obtained any program or data held
in a computer through authorised means and gives that program ordata to another person who he knows is not authorised to receiveor have access to that program or data commits an offence and isliable on summary conviction to a fine of fifteen thousand dollars
and to imprisonment for two years.
(4) A person who has obtained any program or data held
in a computer through unauthorised means and gives that programor data to another person whether or not he knows that that otherperson is authorised to receive or have access to that program ordata commits an offence and is liable on summary conviction to afine of fifteen thousand dollars and to imprisonment for two years.
Causing acomputer tocease tofunction.

11. (1) A person who engages in conduct which causes a
computer to cease to function permanently or temporarily and at
the time he engages in that conduct he has—(a) knowledge that the conduct is unauthorised;(b) the requisite knowledge; and(c) the requisite intent,
commits an offence and is liable on summary conviction to a fineof fifty thousand dollars and to imprisonment for ten years.
(2) For the purpose of subsection (1)—(a) “requisite knowledge” means knowledge that the
conduct would or would be likely to cause acomputer to cease to function permanently or
temporarily; and(b) “requisite intent” means intent to cause acomputer to cease to function and by so doing—(i) prevents or hinders access to thecomputer; or(ii) impair the operation of the computer,but the intent need not be directed at a particular
computer.
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PART III

GENERAL PROVISIONS

12. (1) Subject to subsection (2), this Act shall have effect in Territorial scopeof offences
relation to any person, whatever his nationality or citizenship, under this Act.
outside as well as within the State, and where an offence under
this Act is committed by a person in any place outside of the State,
he may be dealt with as if the offence had been committed within
the State.
(2) For the purpose of subsection (1), this Act shall apply
if, for the offence in question—(a) the accused was in the State at the material time;(b) the computer, program or data was in the State at
the material time; or(c) the damage occurred within the State, whether or
not paragraph (a) or (b) applies.
13. (1) A Court shall have jurisdiction to hear and determine Jurisdiction of
Court.
all offences committed under this Act.
(2) A summary Court shall have jurisdiction to hear anddetermine any offence, except an offence under section 9, if—(a) the accused was within the magisterial district at
the time when he committed the offence;(b) any computer containing any program or data
which the accused used was within themagisterial district at the time when hecommitted the offence; or(c) the damage occurred within the magisterial
district, whether or not paragraph (a) or (b)applies.
14. (1) The Court before which a person is convicted of Order for
payment of
any offence under this Act may make an order against him for compensation.
the payment of a sum to be fixed by the Court by way ofcompensation to any person for any damage caused to that
person’s computer, program or data as a result of the offence
for which the sentence is passed.
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Computer Misuse(2) A claim by a person for damages sustained by reasonof the offence is deemed to have been satisfied to the extent of any
amount which has been paid to him under an order forcompensation, but the order shall not prejudice any right to a civil
remedy for the recovery of damages beyond the amount ofcompensation paid under the order.
(3) An order for compensation under this section isrecoverable as a civil debt.
(4) For the purpose of this section, a program or data
held in a computer is deemed to be the property of the ownerof the computer.
Saving forinvestigations
by police
officer.

15. Nothing in this Act prohibits a police officer or a person
authorised in writing by the Commissioner of Police (“authorised
person”) from lawfully conducting investigations pursuant to any
powers conferred under any written law.

Power of police
officer to accesscomputerprogram anddata.

16. (1) This section applies to a computer which a police
officer or an authorised person has reasonable cause to suspect isor has been in use in connection with any offence under this Act or
any other offence which has been disclosed in the course of thelawful exercise of the powers under this section.
(2) Where a Magistrate is satisfied by information on oathgiven by a police officer that there are reasonable grounds forbelieving that an offence under this Act has been or is about to becommitted in any place and that evidence that such an offence has
been or is about to be committed is in that place, he may issue awarrant authorising any police officer to enter and search that place,including any computer, using such reasonable force as is necessary.
(3) A warrant issued under this section may also direct
an authorised person to accompany any police officer executing
the warrant and remains in force for twenty-eight days from thedate of its issue.
(4) In executing a warrant under this section, a police
officer may seize any computer, data, program, information,
document or thing if he reasonably believes that it is evidence that
an offence under this Act has been or is about to be committed.
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15(5) A police officer executing a warrant may be
accompanied by an authorised person and is—(a) entitled, with the assistance of that person, to—(i) have access to and inspect and check theoperation of any computer to which thissection applies;(ii) use or cause to be used any such computer
to search any program or data held in oravailable to such computer;(iii) have access to any information, code or
technology which has the capability ofretransforming or unscrambling encrypted
program or data held in or available to suchcomputer into readable and comprehensible
format or text for the purpose ofinvestigating any offence under this Act or
any other offence which has been disclosed
in the course of the lawful exercise of thepowers under this section;(iv) to make and take away a copy of any
program or data held in the computer as
specified in the search warrant and anyother program or data held in that or any
other computer which he has reasonablegrounds to believe is evidence of thecommission of any other offence;(b) entitled to require—(i) the person by whom or on whose behalf,
the police officer has reasonable cause tosuspect, any computer to which this section
applies is or has been used; or(ii) any person having charge of, or otherwise
concerned with the operation of, suchcomputer, to provide him or any authorised
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Computer Misuse(c) entitled to require any person in possession ofdecryption information to grant him or theauthorised person access to such decryption
information necessary to decrypt data required
for the purpose of investigating an offence.
(6) A person who obstructs a police officer in theexecution of his duty under this section or who fails to comply
with a request under this section commits an offence and is liable
on summary conviction to a fine of fifteen thousand dollars and to
imprisonment for two years.
(7) For the purposes of this section—“decryption information” means information or technology thatenables a person to readily retransform or unscramble
encrypted program or data from its unreadable andincomprehensible format to its plain text version;“encrypted program or data” means a program or data which has
been transformed or scrambled from its plain text version toan unreadable or incomprehensible format, regardless of thetechnique utilised for such transformation or scrambling andirrespective of the medium in which such program or data
occur or can be found for the purpose of protecting thecontent of such program or data;“plain text version” means a program or original data before it
has been transformed or scrambled to an unreadable orincomprehensible format.
Limitation
period.

17. Notwithstanding any other written law, a person who
commits an offence under this Act, except an offence under
section 9, may be prosecuted at any time within twelve months
after the commission of the offence.

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