Computer Misuse Act 1993 · 2020 Revised Edition · Part 2 · Offences
5. Unauthorised modification of computer material
Feedback & supportSubject to subsection (2), any person who does any act which the person knows will cause an unauthorised modification of the contents of any computer shall be guilty of an offence and shall be liable on conviction —
computer
“computer” means an electronic, magnetic, optical, electrochemical, or other data processing device, or a group of such interconnected or related devices, performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device or group of such interconnected or related devices, but does not include —(a)an automated typewriter or typesetter;(b)a portable hand-held calculator;(c)a similar device which is non-programmable or which does not contain any data storage facility; or(d)such other device as the Minister may, by notification in the Gazette, prescribe;
to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and
in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both.
If any damage is caused as a result of an offence under this section, a person convicted of the offence shall be liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 7 years or to both.
damage
“damage” means, except for the purposes of section 17, any impairment to a computer or the integrity or availability of data, a program or system, or information, that —(a)causes loss aggregating at least $10,000 in value, or such other amount as the Minister may, by notification in the Gazette, prescribe except that any loss incurred or accrued more than one year after the date of the offence in question must not be taken into account;(b)modifies or impairs, or potentially modifies or impairs, the medical examination, diagnosis, treatment or care of one or more persons;(c)causes or threatens physical injury or death to any person; or(d)threatens public health or public safety;
For the purposes of this section, it is immaterial that the act in question is not directed at —
any particular program or data;
a program or data of any kind; or
a program or data held in any particular computer.
For the purposes of this section, it is immaterial whether an unauthorised modification is, or is intended to be, permanent or merely temporary.