Transmission of data messages inciting violence or damage to property. Any person who unlawfully by means of a computer or information
the system makes available, transmits, broadcasts or distributes a data message to any person, group of persons or to the public with intent to incite such persons to commit acts of violence against any person or persons or to cause damage to any property shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
164A Sending threatening data message
Any person who unlawfully and intentionally by means of a computer or information system sends any data message to another person threatening harm to the person or the person’s family or friends or damage to the property of such persons shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
Any person who upskirts and records nude images or videos of a citizen or a foreigner who is a resident of Zimbabwe without consent shall be guilty of an offence and liable to a fine not exceeding level 10 or imprisonment for a period not exceeding 5 years or both such fine or such imprisonment.
164B Cyber-bullying and harassment
Any person who unlawfully and intentionally by means of a computer or information system generates and sends any data message to another person, or posts any material whatsoever on any electronic medium accessible by any person, with the intent to coerce, intimidate, harass, threaten, bully or cause substantial emotional distress, or to degrade, humiliate or demean the person of another or to encourage a person to harm himself or herself, shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.
164C Transmission of false data message intending to cause harm
Any person who unlawfully and intentionally by means of a computer or information system makes available, broadcasts or distributes data to any other person concerning an identified or identifiable person knowing it to be false with intent to cause psychological or economic harm shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
164D Spam
Any person who intentionally and without lawful excuse—
(a) uses a protected computer system to relay or retransmit multiple electronic mail messages, with the intent to deceive or mislead recipients or any electronic mail or internet service provider as to the origin of such messages; or
(b) materially falsifies header information in multiple electronic mail messages and initiates the transmission of such messages; shall be guilty of an offence and liable to a fine not exceeding level 5 or to imprisonment for a period not exceeding one year or to both such fine
and such imprisonment.
164E Transmission of intimate images without consent
(1) Any person who unlawfully and intentionally by means of a computer or information system makes available, broadcasts or distributes
a data message containing any intimate image or video of an identifiable person without the consent of the person concerned or with recklessness as to the lack of consent of the person concerned, with the aim of causing the humiliation or embarrassment of such person shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.”.
(2) For the purposes of subsection (1) “intimate image” means a visual depiction of a person made by any means in which the person
is nude, the genitalia or naked female breasts are exposed or sexual acts are displayed
164F Production and dissemination of racist and xenophobic material
Any person who unlawfully and intentionally through a computer or information system—
(a) produces or causes to be produced racist or xenophobic material for the purpose of its distribution;
(b) offers, make available or broadcasts or cause to be offered, made available or broadcast racist or xenophobic material;
(c) distributes or transmits or causes to be distributed or transmitted racist or xenophobic material;
(d) uses language that tends to lower the reputation or feelings of persons for the reason that they belong to a group of persons
distinguished on the grounds set out in section 56(3) of the Constitution or any other grounds whatsoever, if used as a pretext for any of these factors; shall be guilty of an offence and liable to a fine not exceeding level 14 or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.
164G Identity-related offence
(1) Any person who unlawfully and intentionally by means of information and communication technologies generates and sends any data message to another person, or posts any material whatsoever on any electronic medium accessible by any person, with the intent to coerce, intimidate, harass, threaten, bully or cause substantial emotional distress, or to degrade, humiliate or demean the person of another or to encourage a person to harm himself or herself, shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.
(2)Special consideration shall be given when a child is found guilty of any of the offences set out in (1), in line with the law of Zimbabwe:
Provided that the penalty shall not give the child a criminal record nor shall the child be imprisoned for this offence.”.
PART III
Offence against Children and Procedural Law
165 Recording of genitalia and buttocks beneath closing without consent
(1) Any person who unlawfully and intentionally records an image or video beneath the clothing of another person which depicts this person’s genitalia or buttocks, whether covered by underwear or not, without the consent of the depicted person or with recklessness as to the lack of consent of the person concerned, as far as these are to be protected against sight according to the recognizable will of the depicted person, shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
