EswatiniComputer Crime and Cybercrime Act, 2022, Pornography Distribution and Labeling
In force since .
An adult content age verification (AV) rule binding public and private bodies.
- Age threshold
- 18
- Audit expectation
- none
What it requires
- Do not distribute, publish, advertise or expose pornographic material to a child (a person under 18) or to an adult without that adult's consent (section 15(1)).
- When you publish or exhibit pornographic material, print the publisher's name and prescribed address particulars, and indicate the material's age restriction or consumer advice.
- Do not broadcast a pornographic film, publicly or privately, to children or to non-consenting adults.
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureYes
Criminal exposure note
Section 15(1): a fine of up to E100,000 or imprisonment of up to one year, or both, on conviction. Section 15(2) applies the same penalty where the offender has parental power or control over the child concerned.
Penalty structure
Section 15(1)'s fine caps at E100,000, alongside imprisonment of up to one year, or both. Section 15(2) sets an identical cap for a parent or guardian who commits the same offence against the child in their power or control; the text does not raise the ceiling for that aggravating circumstance.
- Rule
- Fixed only
- As of
- Currency
- SZL
- Fixed cap
- 100,000
What it makes you log
Logging duty
Section 15 creates offences for distributing or publishing pornography to a child, for publishing it without the publisher name and address particulars or an age restriction, and for broadcasting it to children; the name and age-restriction marking is a label on the material, not a record of an age check, and the section names no log, retention, audit or access right. Part III (extra-territorial jurisdiction) is not invoked by section 15 and is not borrowed.
- Kind
- None
- As of
What this law does
Section 15(1) makes it an offence for a person to distribute, publish, advertise, or expose pornographic material to a child or to an adult without that adult's consent; to publish or exhibit pornographic material without printing the publisher's name and prescribed address particulars, or without indicating the material's age restriction or consumer advice; or to broadcast a pornographic film, publicly or privately, to children or non-consenting adults.
Each of these is punishable, on conviction, by a fine of up to E100,000 or imprisonment of up to one year, or both; section 15(2) applies the same penalty where the offender has parental power or control over the child concerned. "Child" is defined, for the whole Act, as a person under the age of eighteen years (s. 2).
When LexLint raises it
When your app profile says your app publishes adult content.
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