46. Any person who —
fraudulently retains or wilfully secretes, makes away with or detains a message or record of a message which ought to have been delivered to some other person; or
being required by a public telecommunication licensee to deliver up any such message or record of such message neglects or refuses to do so,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.