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ANTI-PORNOGRAPHY ACT.

ARRANGEMENT OF SECTIONS

   Section

PART I
PRELIMINARY.

   1.   Commencement.

   2.   Interpretation.

PART II
PORNOGRAPHY CONTROL COMMITTEE.

   3.   Pornography Control Committee.

   4.   Qualifications of Committee members.

   5.   Tenure of office of members of Committee.

   6.   Disqualification and removal of a member of Committee.

   7.   Functions of Committee.

   8.   Procedure at meetings of Committee.

   9.   Co-option of persons.

   10.   Remuneration of members of Committee.

   11.   Powers and duties of the Committee.

   12.   Secretariat.

PART III
PROHIBITION OF PORNOGRAPHY.

   13.   Prohibition of pornography.

   14.   Child pornography.

   15.   Court to issue warrant.

   16.   Authorities to issue directives to offenders.

   17.   Internet Service Providers (ISP).

   18.   Leisure or entertainment.

   19.   Offences by body corporate.

   20.   Forfeiture and destruction of pornography.

PART IV
FINANCES.

   21.   Funds of Committee.

   22.   Annual report.

   23.   Minister to lay annual report before Parliament.

PART V
MISCELLANEOUS.

   24.   Register of Pornography Offenders.

   25.   Archives.

   26.   Power of Minister to amend schedules.

   27.   Regulations.

   28.   Repeal of section 166 of the Penal Code Act.

      Schedule 1   Currency point

      Schedule 2   Meetings of the committee and other matters

      Schedule 3   Register of pornography offenders

ANTI-PORNOGRAPHY ACT.

Commencement: 9 May, 2014.

   An Act to define and create the offence of pornography; to provide for the prohibition of pornography; to establish the Pornography Control Committee and prescribe its functions; and for other related matters.

PART I
PRELIMINARY.

1.   Commencement.

   This Act shall come into force on a date appointed by the Minister by statutory instrument.

2.   Interpretation.

   In this Act, unless the context otherwise requires—

   "authorised person" means a member of the Pornography Control Committee or a police officer;

   "broadcast" means to put out information or make information available to the public or a person through any electronic medium;

   "child" means a person below the age of 18 years;

   "Committee" means the Pornography Control Committee established by section 3;

   "currency point" has the value assigned to it in Schedule 1;

   "internet-content-developer" means a person, individual or corporate, who produces and uploads or causes to be uploaded on the internet, any matter;

   "Internet Service Provider (ISP)" means a person with primary access to the internet, who extends internet access to other secondary users;

   "Minister" means the Minister responsible for ethics;

   "pornography" means any representation through publication, exhibition, cinematography, indecent show, information technology or by whatever means, of a person engaged in real or stimulated explicit sexual activities or any representation of the sexual parts of a person for primarily sexual excitement;

   "procure" means to purchase or obtain or import or being found in possession or custody of, or being found viewing in a premise, any matter prohibited by this Act, except when authorised in writing by the Committee for appropriate anti-pornography purposes such as education and sensitisation by personnel approved by the Committee;

   "publish" means to put out written information or make available written information to the public or any person through any print medium;

   "traffic" means to deal in or cause or permit or aid the provision or circulation of pornographic matter by way of trade or publishing or entertainment or programming or unrestricted internet access or any other means or purpose.

PART II
PORNOGRAPHY CONTROL COMMITTEE.

3.   Pornography Control Committee.

   (1) There is established a Committee to be known as the Pornography Control Committee.

   (2) The Committee shall consist of nine members as follows—

   (a)   a chairperson;

   (b)   a distinguished practicing advocate, nominated by the Uganda Law Society;

   (c)   five representatives of whom—

      (i)   one shall represent media houses;

      (ii)   one shall represent publishing houses;

      (iii)   one shall represent the arts and entertainment industry;

      (iv)   one shall represent the education professionals; and

      (v)   one shall represent the health professionals.

   (d)   two other members of whom—

      (i)   one shall represent cultural leaders; and

      (ii)   one shall represent religious leaders.

   (3) The members of the Committee shall be appointed by the Minister with the approval of Cabinet.

4.   Qualifications of Committee members.

   A member of the Committee shall be a person—

   (a)   of sound mind;

   (b)   with high moral character and proven integrity; and

   (c)   with qualifications or minimum of not less than 10 years' experience in law, theology, information communication and technology, journalism, psychiatry or counseling.

5.   Tenure of office of members of Committee.

   A member of the Committee shall hold office for three years and is eligible for reappointment for one more term; except that of the first members to be appointed to the Committee, two shall be appointed to hold office for two years.

6.   Disqualification and removal of a member of Committee.

   (1) A member of the Committee may be removed from office by the Minister on any of the following grounds—

   (a)   inability to perform the functions of his or her office arising out of physical or mental incapacity;

   (b)   misconduct or misbehaviour;

   (c)   incomptence; or

   (d)   if convicted of an offence involving moral turpitude.

   (2) A member of the Committee, may resign his or her office by notice in writing addressed to the Minister, and their resignation shall take effect from the date on which the Minister receives the notice.

7.   Functions of Committee.

   (1) The functions of the Committee are—

   (a)   to take all necessary measures to ensure the early detection and prohibition of pornography;

   (b)   to ensure that the perpetrators of pornography are apprehended and prosecuted;

   (c)   to collect and destroy pornographic objects or materials with the assistance of the police;

   (d)   to educate and sensitise the public about pornography;

   (e)   to promote the rehabilitation of individuals, groups, families or communities affected by pornography;

   (f)   to expedite the development or acquisition and installation of effective protective software in electronic equipment such as computers, mobile phones and televisions for the detection and suppression of pornography;

   (g)   to promote appropriate educational materials against pornography in the school curriculum in consultation with the Government;

   (h)   to promote and coordinate local international collaboration in the fight against pornography in consultation with the Government.

   (2) The Committee shall liaise or cooperate with other agencies of Government with similar functions to those of the Committee.

8.   Procedure at meetings of Committee.

   Schedule 2 shall have effect in respect of the procedure at meetings of the Committee.

9.   Co-option of persons.

   The Committee may co-opt any person who is not a member to attend any of its meetings as an adviser and that person may speak at the meeting on any matter in relation to which his or her advice is sought, but shall not have the right to vote on any matter coming for decision before the meeting.

10.   Remuneration of members of Committee.

   Members of the Committee shall be paid allowances determined by the Ministry responsible for Public Service.

11.   Powers and duties of the Committee.

   (1) The Committee may, in the performance of its duties under this Act or any regulations made under this Act, at all reasonable times and without warrant—

   (a)   require the production, inspection and examination of records and other necessary documentation relating to the enforcement of this Act;

   (b)   carry out inquiries to ensure that this Act is complied with;

   (c)   carry out periodic inspection of any establishment which imports, exports, stores, sells, distributes or uses equipment or data that is likely to give the public access to pornography;

   (d)   carry out inspections as may be necessary to ensure that the provisions of this Act are complied with;

   (e)   seize any equipment, document or any other thing which it believes has been used in the commission of an offence against this Act or regulations made under this Act;

   (f)   close any internet service provider who promotes, publishes, sells or imports pornography contrary to this Act; or

   (g)   cause a police officer to arrest any person whom it believes has committed an offence under this Act.

   (2) In exercising its powers under this section, a member of the Committee shall suitably identify himself or herself.

12.   Secretariat.

   (1) The Committee shall have a secretariat in the Directorate of Ethics and Integrity, which shall be headed by the Director for Ethics, who shall be the Secretary of the Committee but the Secretary to the Committee shall not be a member of the Committee.

   (2) The secretary shall be responsible for—

   (a)   ensuring the implementation of the recommendations and decisions of the Committee;

   (b)   taking minutes of the meetings of the Committee;

   (c)   keeping the records of all the transactions of the Committee; and

   (d)   performing any other function that may be assigned to him or her by the Committee.

PART III
PROHIBITION OF PORNOGRAPHY.

13.   Prohibition of pornography.

   (1) A person shall not produce, traffic in, publish, broadcast, procure, import, export, sell or abet any form of pornography.

   (2) A person who produces or participates in the production of, or traffics in, publishes, broadcasts, procures, imports, exports or in any way abets pornography contrary to subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding 500 currency points or imprisonment not exceeding 10 years or both.

14.   Child pornography.

   (1) A person who produces, participates in the production of, traffics in, publishes, broadcasts, procures, imports, exports or in any way abets pornography depicting images of children, commits an offence and is li

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