Telecommunications
(Amendment No. 3) and Crime (Miscellaneous
Provisions) (Jersey) Law 2016
A LAW to amend further the
Telecommunications (Jersey) Law 2002 and to amend the Crime (Disorderly
Conduct and Harassment) (Jersey) Law 2008
Adopted by the
States 14th June 2016
Sanctioned by
Order of Her Majesty in Council 12th October 2016
Registered by the
Royal Court 21st October 2016
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Telecommunications (Jersey) Law 2002 amended
(1) The
Telecommunications (Jersey) Law 2002[1] is amended in accordance
with paragraphs (2) and (3), and in those paragraphs a reference to an
Article is to an Article of the same number in that Law.
(2) In Article 1(1),
in the definition “message” for the word “means” there
shall be substituted the word “includes”.
(3) For
Article 51 there shall be substituted the following Article –
“51 Improper
use of telecommunications system
(1) A person (the ‘sender’) who, by
means of a telecommunication system, sends a message or other matter that is
(or conveys anything that is) grossly offensive or of an indecent, obscene or
menacing character, is guilty of an offence if either paragraph (2)
or (3) applies.
(2) This paragraph applies if the sender knew or
intended the message to be grossly offensive or of an indecent, obscene or
menacing character.
(3) This paragraph applies if the sender was
aware, at the time of sending the message, of the risk that it would be viewed
as grossly offensive or of an indecent, obscene or menacing character by any
reasonable member of the public.
(4) A person who, for the purpose of causing
annoyance, inconvenience or needless anxiety to another –
(a) sends, by means of a telecommunication
system, a message that the person knows to be false; or
(b) persistently makes use of a telecommunication
system,
is guilty of an offence.
(5) In paragraphs (2) to (4),
‘message’ includes a message or other matter, and anything conveyed
by the message.
(6) The States may make Regulations amending
this Article if it is considered necessary to do so to take account of changes
in technology, and such Regulations may contain –
(a) provision consequentially amending or
modifying, for the purposes of this Article, an expression used or defined in
this Law; and
(b) incidental, supplemental or consequential
provision.
(7) A person guilty of an offence under this
Article shall be liable to imprisonment for a term of 2 years and to a
fine.”.
2 Crime
(Disorderly Conduct and Harassment) (Jersey) Law 2008 amended
(1) The
Crime
(Disorderly Conduct and Harassment) (Jersey) Law 2008[2] is amended in accordance
with paragraphs (2) to (5), and in those paragraphs a reference to an
Article is to an Article of the same number in that Law.
(2) For
Article 3(3) there shall be substituted the following paragraph –
“(3) A person who commits an
offence under paragraph (1) shall be liable to imprisonment for a term of
2 years and to a fine.”.
(3) For
the heading to Article 5 there shall be substituted the following heading –
(4) In Article 5 –
(a) in paragraph (1)
the words “under Article 3(1)” shall be deleted;
(b) in paragraph (2)
for the words “in order to ensure that the person will not commit a
further offence under Article 3(1)” there shall be substituted –
“for the purpose of
protecting the victim of the offence, or any other person named in the order,
from conduct by the person against whom the order is made, which would, if
carried out –
(a) amount to harassment of the victim or other
person named in the order; or
(b) be likely to cause the victim or such other
person to be in fear of violence against them.”.
(5) For
Article 6(2) there shall be substituted the following paragraph –
“(2) A person who commits an
offence under paragraph (1) shall be liable to imprisonment for a term of
2 years and to a fine.”.
(6) For
Article 7(1) and (2) there shall be substituted the following –
“(1) An order under Article 5
may be amended or revoked by the court which made the order, on the application
of –
(a) the Attorney General; or
(b) the person against whom the order was made.
(2) The court to which an application is made
under paragraph (1) may amend or revoke the order if (and to the extent that)
the court is satisfied that it is appropriate to do so.”.
3 Citation
and commencement
This Law may be cited as the Telecommunications (Amendment No. 3)
and Crime (Miscellaneous Provisions) (Jersey) Law 2016 and shall come into
force 7 days after being registered.
l.-m. hart
Deputy Greffier of the States