Section 296ZB: Devices and services designed to circumvent technological measures

Section 296ZA Index Section 296ZC

(1) A person commits an offence if he -
  • (a) manufactures for sale or hire, or
  • (b) imports otherwise than for his private and domestic use, or
  • (c) in the course of a business -
    • (i) sells or lets for hire, or
    • (ii) offers or exposes for sale or hire, or
    • (iii) advertises for sale or hire, or
    • (iv) possesses, or
    • (v) distributes, or
  • (d) distributes otherwise than in the course of a business to such an extent as to affect prejudicially the copyright owner,
any device, product or component which is primarily designed, produced, or adapted for the purpose of enabling or facilitating the circumvention of effective technological measures.

(2) A person commits an offence if he provides, promotes, advertises or markets -
  • (a) in the course of a business, or
  • (b) otherwise than in the course of a business to such an extent as to affect prejudicially the copyright owner,
a service the purpose of which is to enable or facilitate the circumvention of effective technological measures.

(3) Subsections (1) and (2) do not make unlawful anything done by, or on behalf of, law enforcement agencies or any of the intelligence services -
  • (a) in the interests of national security; or
  • (b) for the purpose of the prevention or detection of crime, the investigation of an offence, or the conduct of a prosecution,
and in this subsection "intelligence services" has the meaning given in section 81 of the Regulation of Investigatory Powers Act 2000.

(4) A person guilty of an offence under subsection (1) or (2) is liable -
  • (a) on summary conviction, to imprisonment for a term not exceeding three months, or to a fine not exceeding the statutory maximum, or both;
  • (b) on conviction on indictment to a fine or imprisonment for a term not exceeding two years, or both.

(5) It is a defence to any prosecution for an offence under this section for the defendant to prove that he did not know, and had no reasonable ground for believing, that -
  • (a) the device, product or component; or
  • (b) the service,
enabled or facilitated the circumvention of effective technological measures.

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