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The Anti-Pornography Act

Country: Uganda   |  Year: 2014  |   Keywords: Uganda Anti Pornography, Uganda Child Pornography, Uganda prohibition of pornography, Uganda pornography, Uganda Anti porn, ICNL Online Library
View the full article at: http://www.icnl.org/research/library/files/Uganda/antipornog.pdf   |   Visit the ICNL Online Library: http://www.icnl.org/research/library/
THE ANTI-PORNOGRAPHY ACT, 2014 An Act to define and create the offence of pornography; to provide for the prohibition of pornography; to establish the Pornography Control Committee and prescribe its functions; and for other related matters. 13. Prohibition of pornography. (1) A person shall not produce, traffic in, publish, broadcast, procure, import, export, sell or abet any form of pornography. (2) A person who produces or participates in the production of, or traffics in, publishes, broadcasts, procures, imports, exports or in any way abets pornography contrary to subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding five hundred currency points or imprisonment not exceeding ten years or both. 14. Child pornography. (1) A person who produces, participates in the production of, traffics in, publishes, broadcasts, procures, imports, exports or in any way abets pornography depicting images of children, commits an offence and is liable on conviction to a fine not exceeding seven hundred and fifty currency points or imprisonment not exceeding fifteen years or both. (2) For the avoidance of doubt, the definition of pornography in section 2 applies in determining the commission of the offence of child pornography. 15. Court to issue warrant. (1) Where information is brought to the attention of the court that there exists in premises, an object or material containing pornography or an act or event of a pornographic nature, the court shall issue a warrant for the seizure of the object or material and for the arrest of the person promoting the material or object. (2) An authorised person in possession of a search warrant issued by the court may enter any premises and inspect any object or material including any computer, and seize the object, material or gadget for the purpose of giving effect to this Act. (3) A person who obstructs an authorised person in the carrying out of any function under this section commits an offence and is liable, on conviction, to a fine not exceeding two hundred and fifty currency points or imprisonment not exceeding five years or both. 16. Authorities to issue directives to offenders. (1) The Committee, the court or a police officer not below the rank of superintendent of police, may, in writing, direct any newspaper, publisher, broadcaster, proprietor of any business dealing in computers, telephones or other medium for transmitting electronic information or the proprietor of any place or business dealing in leisure or entertainment, bookshop owner, dealer in photography, newsprint or magazine dealer or vendor, importer or exporter or other person, to desist from dealing in pornography. (2) A person who fails to comply with a directive issued under subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding two hundred and fifty currency points or imprisonment not exceeding five years or both. 17. Internet Service Providers (ISP). (1) An Internet Service Provider (ISP) who, by not using or enforcing the means or procedure recommended by the Committee to control pornography, permits to be uploaded or downloaded through its service, any content of a pornographic nature, commits an offence and is liable, on conviction, to a fine not exceeding five hundred currency points or imprisonment not exceeding five years or both. (2) Where a publisher or broadcaster or internet-content developer or dealer in telephone-related business or Internet Service Provider (ISP) commits an offence under subsection (1), the court convicting that person may, for a subsequent offence, by order, suspend the business. (3) A person who fails to comply with an order given under subsection (2) commits an offence and is liable on conviction to a fine not exceeding two hundred and fifty currency points or imprisonment not exceeding five years or both. 18. Leisure or entertainment. (1) Where a proprietor of a place of leisure or entertainment or of a business dealing in leisure or entertainment commits a second or subsequent offence under this Act, the court convicting the off ender for the second or subsequent offence may issue an order suspending or prohibiting the offender from dealing in leisure or entertainment. (2) A person who fails to comply with an order issued under subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding two hundred and fifty currency points or imprisonment not exceeding five years or both. 19. Offences by body corporate. Where an offence under this Act is committed by a body corporate- (a) that body corporate, is liable to a fine not exceeding double the fine prescribed in relation to the offence for an individual who commits the offence; and (b) a director or secretary of the body corporate or a partner in the firm who is proved to have contributed to the commission of the offence shall be taken also to have committed the offence and is liable to . the penalty prescribed for an individual who commits the offence. 20. Forfeiture and destruction of pornography. Where a person is convicted of an offence under this Act, the court shall order the forfeiture to the state and the destruction of all materials and objects used in the commission of the offence.