MALAWI COMMUNICATIONS LAW 1998                                                                      MALAWI SDNP
 
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                                             Communications
47

PART X - OFFENCES 

97.--(I) Any person who operates a telecommunication offences network or provides a telecommunication service, unless under sub-section (2) of section 17, without, as the case may be-  

(a) an individual licence issued or deemed to have been issued under Part III; or 

(b) having registered or being deemed to have been registered under a general licence issued under Part III, shall be guilty of an offence. 

(2) Any person who- 

(a) knowingly connects unapproved terminal equipment to a licenced network; or 

(b) fails to comply with a request by a licencee to disconnect unapproved terminal equipment, shall be guilty of an offence. 

(3) Any person who dishonestly obtains a telecommunication service with intent to avoid payment of any charge applicable to the provision of that service shall be guilty of an offence. 

(4) Any person licenced to operate a telecommunication network or provide a telecommunication service who otherwise than in the course of his duty intentionally intercepts, interferes with the contents of, or modifies any message sent as part of a telecommunication service shall be guilty of an offence. 

(5) Any person licenced to operate a telecommunication network or provide a telecommunication service who discloses, other than in his official capacity- 

(a) the contents of a message sent as part of a telecommunication service; or 

(b) any information, other than directory information, about any user of a telecommunication service, shall be guilty of an offence. 

(6) Any person who, when required by a telecommunication operator to leave premises being used for the business of that operator, fails to comply with the requirement shall be guilty of an offence unless he has the authority to be on the premises.

Telecom-  
munication   
offences  

   
  

   

   

   

   

   

   

   

   
 
 

B. No. 17
 
 
48 
Radio-commu- nication 
offences
                                                        Communications 


98.-(I) Any person who operates a radio station, except a radio station exempted under subsection (2) of section 35; 
or  

(b) a radio station controlled by the Authority pursuant to section 43,  
without a licence issued or deemed to have been issued under Part  
IV shall be guilty of an offence.  

(2) Any person who operates, or who permits on premises that he owns or occupies the operation of, a television set without a licence provided for under section . 56 shall be guilty of an offence and liable to a fine of K5,000 and to imprisonment for six months.  

(3) Any person who operates apparatus or equipment of any description as to cause harmful interference with radiocommunications shall be guilty of an offence and liable to a fine of K20,000 and to imprisonment for two years.

Postal  
offences 

  

  

  

  

  

  

  

  

  

  

  

    

  
 
 

99.-(I) Any person who provides a mail service subject to the 
exclusive right granted to Malawi Posts under section 60 without a licence issued under Part VI shall be guilty of an offence. 

(2) Any person who, knowingly without lawful excuse- 

(a) makes or sells or offers for sale, deals in or otherwise puts into circulation any fictitious postage stamp; 

(b) possesses any fictitious postage stamp;  

(c) makes or possesses any die, plate, instrument or material 
for making any fictitious postage stamp; 
(d) uses any fictitious postage stamp for the purposes of 
Malawi Posts;  

(e) imports any fictitious postage stamp, or any die, plate, 
instrument or materials for making such a fictitious postage stamp,  
shall be guilty of an offence. 

(3) Any postage stamp, die, plate, instrument or other materials 
found in the possession of any person in contravention of subsection 

(2) may be seized and, on conviction of such person, forfeited. 

(4) Any person who, without authority, opens, or tampers with, or secretes any postal articles shall be guilty of an offence. 

(5) Any person who, when required by an employee of Malawi Posts to leave premises being used for the business of Malawi Posts, fails to comply with the requirement shall be guilty of an offence.

B. No. 17
 

 
 
Communications


100.-(I) Any person who provides broadcasting service without Broadcasting a licence issued or deemed to have issued under Part V shall be offences guilty of an offence unless the person has authority to be on the premises.  

(2) Any person who, when required by an employee of a -broadcasting licencee to leave premises being used for the business of the licencee, fails to comply with the requirement shall be guilty of an offence.

49 

Broadcasting  
offences

101.-(I) Any person who falsely holds himself out to be-  

(a) a member of the Authority, an employee of the Authority or  
authorized by the Authority; or   

(b) a licencee, an employee of a licencee or authorized by a  
licencee, shall be guilty of an offence.  

(2) Any licencee who fails to comply with an order by the Authority in the exercise of its functions under this Act shall be guilty of an offence.

Miscella- 
neous offences
102. A person guilty of an offence under this Act, for which no other penalty has been prescribed, shall be liable to a fine of K300,000 or to imprisonment for ten years. General  
punishment 
for offences
 
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