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Khalifa issues Federal Legal Decree No. 5 for 2012 on combating cyber crimes (3rd ADD)

Nov 12, 2012 - 11:38 -

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It also stipulates penalties of imprisonment for any person for using electronic sites or any information technology means to display contempt for any holy symbols, characters, figures and rituals of Islam including the Divinity (Allah, God) and the Prophets; for any other faiths or religions or any of their symbols, characters, figures and rituals; or to display contempt for or to insult any of the Divine Religions and to call for the engagement in or the promotion of sins.

It also stipulates penalties of imprisonment for any person using electronic sites or any information technology means to engage in, promote or facilitate the illegal trade of drugs, narcotics and any psychoactive drugs.

It also stipulates penalties of imprisonment for any person using electronic sites or any information technology means to transfer or deposit illegal funds with the intention to hide or camouflage their source, or, for that matter, to hide or camouflage the facts about illegal funds, their source, movement, ownership and the rights attached to them as well as to acquire, own or use illegal funds despite knowledge by the involved person of the illegal status of their sources.

The new decree also imposes penalties of imprisonment to any person providing any organisations, bodies, institutions or entities, online or through any information technology means with misleading, inaccurate or incorrect information which would damage the interests of the state or damage its reputation and stature The new decree also imposes penalties of imprisonment and fines, or either of these, on any owner or administrator of an electronic website or any information technology means or devices for storing or intentionally providing illegal content ,despite his or her knowledge of the illegal nature of the content, or for not removing, or failing to prevent access to this illegal content within the period stated in a written warning sent to him by the competent authorities declaring the illegal status of the content available online or the electronic site.

The new decree also allows for the seizure of the devices, software, programmes and any other means used in committing any of these crimes as well as the permanent or temporary closure of the involved property or the site. It also provided for the deportation of any foreigner convicted of any of these crimes upon the completion of the carrying out of any punishment.

The court may order that individuals convicted under the terms of the decree may be placed under surveillance or supervision, may be prevented from using networks or the information technology system or may be lodged in a rehabilitation centre or a treatment facility for a period considered by the court to be suitable.

Upon a request from the prosecutor general, the relevant court may mitigate the punishment of any persons or exempt them from such punishment if they provided the judicial or administrative authorities with information related to any of the crimes against the security of the state stated in the decree, such information leading to the solving of the crime, the unveiling of or the confirmation of the involvement of the perpetrators or the apprehension of one of them.

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