| 1) |
Notwithstanding the provisions of any other law, any person who- |
| a) |
contravenes any prohibition, condition, obligation or order imposed in terms of section 10(1) or (2); or |
| b) |
in an affidavit referred to in section 11(4)(a), makes a false statement in a material respect, |
is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding five years.
| 2) |
And person who reveals the identity or address of any person in contravention of section 8(1)(b) or who publishes any information in contravention of section 8(1)(c), is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years. |
| 3) |
Any person who contravenes or fails to comply with section 7(3) is guilty of an offence and is liable on conviction to a fine or to imprisonment not exceeding three months. |
| i) |
fails to furnish the required information within five ordinary court days from the time that the direction is served on such electronic communications service provider to a court in terms of section 4(3)(a) or such extended period allowed by the court in terms of section 4(3)(b); |
| ii) |
makes a false statement in an affidavit referred to in section 4(1)(b), (3)(b) or (4)(b) in a material respect; or |
| iii) |
fails to comply with section 4(6), |
is guilty of an offence;
| b) |
any electronic communications services provider or employee of an electronic communications service provider who is convicted of an offence referred to in paragraph (a), is liable, in the case of- |
| i) |
an electronic communications service provider, to a fine not exceeding R10 000; or |
| ii) |
an employee of an electronic communications service provider to a fine or to imprisonment for a period not exceeding six months. |
| 5) |
Any person who in terms of section 6(2) is requested to furnish his or her name and address or any other information to a member of the South African Police Service and who fails to do so or who furnishes a false or incorrect name and address or other information, is guilty of an offence and is liable on conviction to a fine or imprisonment not exceeding six months. |
Protection of Businesses Act, 1978
