78

Communications

No. 34

(c) a compensation order;
(d) suspension or withdrawal of a licence for a maximum
period of three years; or
(e) any other order considered appropriate by the Authority.

(3) An order made under this section shall be in writing, shall
specify reasons and shall be served on the person concerned.

(4) A person who fails to comply with any order made under this
section commits an offence and is liable to a fine of k5, 000, 000
and imprisonment for five years.

Appeals against
orders of the
Authority

Use of
communication
services
without
payment
Unlawful
intercept

(5) Notwithstanding subsection (4), the Authority may take any
appropriate action against a licensee who fails to comply with a
provision of this Act or any other legal or regulatory provision
applicable to the activities of the licensee.

174. A person who is not satisfied with an order of the
Authority may appeal to the high Court within thirty days from the
date the order was made.
PART XXI__OFFENCES

175. A person who uses an electronic communications
service without paying for the applicable charge commits an offence
and shall, upon conviction, be liable to a fine of k1, 000,000 and
imprisonment for two years.

176.__(1) A licensee operating an electronic communications
network or providing an electronic communications service who,
other than in the course of its duty, intercepts, interferes with the
contents of, or modifies, any message sent as part of the electronic
communications service, commits an offence and shall, upon
conviction, be liable to a fine of k5,000,000 and imprisonment for
five years.

(2) A person who, without lawful authority under this Act or any
other written law__
(a) intercepts, attempts to intercept, or causes any other person
to intercept or to attempt to intercept, any communications;

(b) discloses or attempts to disclose to any person the contents
of any communications, knowingly or having reason to believe
that the information was obtained through the interception of any
communications in contravention of this Act; or

(c) uses or attempts to use the contents of any communications,
knowingly or having reason to believe that the information was

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