| (b) |
take all reasonable steps to prevent the use of their services for the hosting or distribution of child pornography. |
| (2) |
If an internet access provider has knowledge that its services are being used for the hosting or distribution of child pornography, propaganda for war, incitement of imminent violence or advocating hatred based on an identifiable group characteristic and that constitutes incitement to cause harm, such internet service provider shall— |
[Words proceeding section 27A(2)(a) substituted by section 28(a) of Proc 52, GG45959, dated 25 February 2022]
| (a) |
take all reasonable steps to prevent access to the child pornography by any person; |
| (b) |
report the presence thereof, as well as the particulars of the person maintaining or hosting or distributing or in any manner contributing to such Internet address, to a police official of the South African Police Service; and |
| (c) |
take all reasonable steps to preserve such evidence for purposes of investigation and prosecution by the relevant authorities. |
| (3) |
An Internet service provider shall, upon request by the South African Police Service, furnish the particulars of users who gained or attempted to gain access to an Internet address that contains child pornography. |
| (a) |
fails to comply with subsections (1) and (2) shall be guilty of an offence and liable, upon conviction, to a fine not exceeding R150 000 or to imprisonment for a period not exceeding six months or to both a fine and such imprisonment; or |
| (b) |
fails to comply with subsection (2) or (3) shall be guilty of an offence and liable, upon conviction, to a fine not exceeding R750 000 or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment |
[Section 27A(4) substituted by section 28(b) of Proc 52, GG45959, dated 25 February 2022]
[Section 27A inserted by section 12 of Notice No. 1296, GG 26950, dated 2 November 2004]
Statistics Act, 1999
