Section 46: Offences

46. Offences Any person who— (a) by any form of emission, radiation, induction or other electromagnetic effect, harms the functioning of an information and communication service, including telecommunication service; (b) with intent to defraud or prevent the sending or delivery of a message, takes an information and communication message, including telecommunication message from the employee or agent of a licensee; (c) with intent to defraud, takes a message from a place or vehicle used by a licensee in the performance of his functions; (d) steals, secretes or destroys a message; (e) wilfully or negligently omits or delays the transmission or delivery of a message; (f) forges a message or transmits or otherwise makes use of a message knowing that it has been forged; (g) knowingly sends, transmits or causes to be transmitted a false or fraudulent message; (ga) uses telecommunication equipment to send, deliver or show a message which is obscene, indecent, abusive, threatening, false or misleading, or is likely to cause distress or anxiety; (h) uses, in any manner other than that specified in paragraph (ga), an information and communication service, including telecommunication service— (i) for the transmission or reception of a message which is grossly offensive, or of an indecent, obscene or menacing character; or (ii) for the purpose of causing annoyance, inconvenience or needless anxiety to any person; (iii) for the transmission of a message which is of a nature likely to endanger or compromise State defence, public safety or public order; (i) dishonestly obtains or makes use of an information and communication service, including telecommunication service, with intent to avoid payment of any applicable fee or charge; (j) by means of an apparatus or device connected to an installation maintained or operated by a licensee— (i) defrauds the licensee of any fee or charge properly payable for the use of a service; (ii) causes the licensee to provide a service to some other person without payment by such other person of the appropriate fee or charge; or [Issue 9] I12 – 30 Revised Laws of Mauritius (iii) fraudulently installs or causes to be installed an access to a telecommunication line; (k) wilfully damages, interferes with, removes or destroys an information and communication installation or service, including telecommunication installation or service, maintained or operated by a licensee; (ka) wilfully tampers or causes to be tampered the International Mobile Station Equipment (IMEI) of any mobile device; (l) establishes, maintains or operates a network or service without a licence or in breach of the terms or conditions of a licence; (m) without the prior approval of the Authority, imports any equipment capable of intercepting a message; (n) discloses a message or information relating to such a message to any other person otherwise than— (i) in accordance with this Act; (ii) with the consent of each of the sender of the message and each intended recipient of the message; (iii) for the purpose of the administration of justice; or (iv) as authorised by a Judge; (na) knowingly provides information which is false or fabricated; (o) except as expressly permitted by this Act or as authorised by a Judge, intercepts, authorises or permits another person to intercept, or does any act or thing that will enable him or another person to intercept, a message passing over a network; (p) in any other manner, contravenes this Act or any regulations made cipient of the message; (iii) for the purpose of the administration of justice; or (iv) as authorised by a Judge; (na) knowingly provides information which is false or fabricated; (o) except as expressly permitted by this Act or as authorised by a Judge, intercepts, authorises or permits another person to intercept, or does any act or thing that will enable him or another person to intercept, a message passing over a network; (p) in any other manner, contravenes this Act or any regulations made under this Act, shall commit an offence. [S. 46 amended by s. 12 of Act 21 of 2016 w.e.f. 15 December 2016.] (S. 46 came into operation on 1 June 2002.)