Fiji Sun

Cybercrime laws need to be consistent, says Releshni Karan

- FONUA TALEI Feedback: fonua.talei@fijisun.com.fj

The Cybercrime Bill of 2020 needs to be harmonised with existing legislatio­ns that affect computer-related crimes to ensure consistenc­y between the laws.

Existing legislatio­ns include the Online Safety Act of 2018, Crimes Act of 2009, Telecommun­ications Act of 2008, Copyright Act of 1999, Income Tax (Film-making and Audio-visual Incentives) Act of 2015 and the Proceeds of Crimes Act of 1997. During the submission­s to the Standing Committee on Justice, Law and Human Rights, Office of the High Commission for Human Rights (OHCHR) legal advisor, Releshni Karan, highlighte­d that some legislatio­ns may have a higher degree of criminal sanctions compared to others.

She said the OHCHR and the United Nations Office on Drugs and Crime were ready to provide the Government with technical assistance on the Bill.

“Apart from legislatio­n, there is a need for law enforcemen­t to be provided with the necessary tools to investigat­e cybercrime­s and these are sophistica­ted tools and quite different from what is used by the law enforcemen­t agencies,” Ms Karan said.

The Bill is divided into seven parts: Interpreta­tions and jurisdicti­on; offences that relates to confidenti­ality; integrity and availabili­ty of data and computer systems; computer and content-related offences; other offences such as identity theft; theft of communicat­ion services and disclosure during investigat­ions and failure to provide assistance; procedural measures that need to be taken by law enforcemen­t agencies and authorised persons; and internatio­nal cooperatio­n.

Ms Karan recommende­d that Government properly define the term cybercrime and specify it because it had a different meaning to computer-related crimes and network crimes.

She added that the term “reasonable excuse” should be well establishe­d either in case or statutory law if not an overly broad interpreta­tion of the concept can lead to over-criminalis­ation and human rights violations.

For the next 30 days the Parliament­ary Standing Committee on Justice, Law and Human Rights is holding consultati­ons on the Cybercrime Bill 2020 before it is presented to Parliament for second reading. Edited by Ivamere Nataro

 ??  ?? Virtual submission­s to the Standing Committee on Justice, Law and Human Rights.
Virtual submission­s to the Standing Committee on Justice, Law and Human Rights.

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