Cap. 399 Art. 48Offences of criminal nature specific to electronic communications.

(1) Any person who -

(a) constructs, repairs, maintains, alters or controls any apparatus or installation without having the qualifications required for that purpose by or under this Act;

(b) sells or offers for sale or provides or installs or uses any installation or apparatus which does not conform with such technical standards or specifications as are required or established by or under this Act, or which he knows, or has reasonable cause to believe, to be defective or incompatible with the services for which it was sold, provided, installed or used;

(c) provides any electronic communications service or installs or operates any electronic communications network or apparatus in breach of any provision of this Act or in breach of any condition, restriction or limitation imposed by or under this Act;

(d) uses any electronic communications network or apparatus supplied by an undertaking for a purpose other than that for which it was supplied, or neglects to observe instructions which are issued by an undertaking for the proper use of the electronic communications network or apparatus or makes improper use thereof, shall be guilty of an offence under this Act and shall, on conviction, be liable to a fine (multa) not exceeding twenty-five thousand euro (€25,000) and in the case of a continuing offence for a further fine (multa) not exceeding five hundred euro (€500) for each day during which the offence continues.

(2) Any person who furnishes information to the Authority or the Minister which he knows, or has reasonable cause to believe to be false or misleading, or impedes or obstructs the Authority or the Minister, in the performance of any functions by or under this Act, shall be guilty of an offence under this Act, and shall on conviction, be liable to a fine not exceeding twenty-five thousand euro (multa) (€25,000) or to imprisonment for a period not exceeding six months, or to both such fine and imprisonment.

(3) Any person who being a person employed or detailed for duty with or attached to an undertaking -

(a) gives any information with regard to any message with which he becomes acquainted by reason of his office to any person not entitled to receive such information;

(b) wilfully alters or suppresses any message or the designation of the person to whom it is transmitted or to whom it is addressed, without a good cause;

(c) wilfully omits, delays or obstructs the transmission or delivery of any message or cancels or destroys any message or an application for the transmission of any message without a good cause;

(d) wilfully represents a message as having been sent by a person other than the sender or as being addressed to a person other than the addressee, or an application for the transmission of a message as having been made by a person other than the applicant, without good cause;

(e) wilfully cancels or destroys any message not addressed to him or an application for the transmission of a message, without good cause; or

(f) unlawfully withdraws from the control of an undertaking, or of an individual employed or detailed for duty with, or attached to, an undertaking, a message addressed to another person, shall be guilty of an offence under this Act and shall be liable, on conviction, to a fine (multa) not exceeding twenty-five thousand euro (€25,000) or to imprisonment for a period not exceeding six months, or to both such fine and imprisonment.

(4) Any person who assaults or obstructs or impedes any officer, employee or agent of an undertaking in the exercise of his duties with such undertaking shall be guilty of an offence under this Act, and shall on conviction be liable to a fine (multa) not exceeding fifteen thousand euro (€15,000) or to imprisonment for a period not exceeding three months, or to both such fine and imprisonment.

(5) Any person who, without being duly authorised at law, uses any apparatus for the purpose of deliberately interfering with radiocommunications shall be guilty of an offence under this Act and shall on conviction be liable to a fine (multa) not exceeding fifty thousand euro (€50,000) and, or to a daily fine (multa) not exceeding one thousand euro (€1,000) for each day of non-compliance, and, or to imprisonment for a period not exceeding one year, or to such fine or fines and to such imprisonment.