your statutory rights

computer misuse act

• Creates the offence for the unauthorised use of the computer.
• The unauthorised use of the computer to commit an offence as specified by the Act carries a penalty of a fine and/or a term of years imprisonment.

indecent material

• A person who publishes any indecent material is guilty of an offence and liable to imprisonment for five years.
• Publication would be construed as transmission of data stored automatically.
• Indecent material would include any indecent or obscene photograph, writing, sketch, drawing or picture including whether partly or wholly generated by the computer.(Section 152 of the Penal Code)
• Court order for destruction of materials
• Presumption to be dealing in or carrying on or taking part in a business connected with indecent material.
• Offence of distribution to public or publication of indecent material carries a sentence of five years imprisonment.
• A person who publicly exhibits or appears in a public exhibition of any indecent entertainment or representation, tending to corrupt morals or assist in any capacity with such public exhibition…

obscene material

• Any person who for the purpose of distribution has in his possession any obscene pictures or photographs tending to corrupt morals is guilty of a misdemeanor and is liable to imprisonment for 2 years or to a fine of SR 1,000.(Section 172 of the Penal Code)
• A court on convicting any person of an offence may order to be destroyed any matter or thing made, possessed or used for the purpose of such offence.
• Seizure (pending trial) and forfeiture (on conviction) of instruments/apparatus used e.g. mobile handsets, digital cameras.
• Offensive to common modesty, unbecoming or offending against accepted standard of morals.
• Application of objective test.
• Age of offenders, manner offence committed, place of offence, surrounding circumstances, frequency of occurrences etc. are all considered.

related pages

• employee responsibilities