The Online Safety Bill that seeks to promote online safety through the establishment of the Online Safety Commission will be debated and voted on in the May sitting of Parliament.
While tabling the bill in parliament last night, Acting Prime Minister Aiyaz Sayed-Khaiyum highlighted the need to provide a specific avenue for Fijians to have their concerns and complaints with respect to electronic communications dealt with.
He says the recent increase in reports of harmful or irresponsible online behavior reflects changing attitudes and behavior of people and more importantly highlights the need to address social issues associated with such behavior.
He also highlighted that while meeting with the Australian Education Minister, they also highlighted cyber bullying, cyber harassment or cyber stalking.
He adds that today nearly every single child’s movement is actually photographed, people are innocently taking photographs but these are used for other means.
The Acting Prime Minister also highlighted that recently there was an incident where a young woman had complained about the fact that somebody secretly installed a camera in her room within a student accommodation.
He says that there are many vulnerable members of our community and it is to that extent that it is prudent that the right environment and attitude is fostered to instill, promote and maintain a responsible online behavior.
Sayed-Khaiyum says the bill intends to promote and encourage responsible online behavior adding that it establishes an Online Safety Commission, and individuals who believe they have been the subject or intended recipient of targeted harmful electronic communication online, can lodge their complaints with the commission.
The bill also seeks to deter harmful online behavior and the creation of specific offences such as the intentional posting of harmful electronic communications as well as intimate images or visual recordings without consent.
It also allows for parents, legal guardians, or representatives as well as school principals and head teachers to lodge complaints on behalf of the person who suffers from mental incapacity.
In the bill, a person who posts an electronic communication with the intention to cause harm to an individual; would cause harm to an ordinary reasonable individual in the position of the individual; or causes harm to the individual, commits an offence.
A person who commits this offence is liable upon conviction to a fine not exceeding $20,000 or a prison term not exceeding 5 years or both for an individual; and in the case of a body corporate, a fine not exceeding $100,000, and for a director, chief executive officer, manager or officer in charge for the time being, to a fine not exceeding $50,000 or to a term of prison not exceeding 7 years, or both.
In determining whether posting an electronic communication would cause harm, the court may take into account any factor it considers relevant, including the extremity of the language, images or videos used; the age and characteristics of the individual concerned; whether the electronic communication was anonymous; whether the communication was repeated; the extent of circulation of the electronic communication; whether the electronic communication is true or false; and the context in which the electronic communication appeared.
The bill states that a person must not post or threaten to post an intimate visual recording of an individual. Any person who commits this offence is liable upon conviction to a fine not exceeding $20,000 or imprisonment for a term not exceeding 5 years or both for an individual; and in the case of a body corporate, a fine not exceeding $100,000 and for a director, chief executive officer, manager or officer in charge for the time being, to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 7 years, or both.
This does not apply if the individual, who is the subject of the electronic communication concerned, consents to the specific post of the intimate visual recording.
However consent must be voluntary, expressed and informed, and does not include the consent of a child.
Meanwhile, NFP Leader Professor Biman Prasad says we are all victims of online bullying and there are emotional distresses caused by a lot of this communication.
While speaking after the tabling of the Online Safety Bill, Prasad says that this bill should not be rushed as it will need a lot of discussion on the pros and cons of the bill.
Prasad says that there are issues of concern that everyone has about online communication and a law that is going to have far reaching implications on everyone must be given a reasonable amount of time, so that when the law does come into force there has been enough consultation and public awareness and people understand it better.
He says having the bill go through the Standing Committee of Justice, Law and Human Rights for 2 months is unreasonable and suggested that 6 months be given for the bill to be discussed.
Assistant Minister for Women, Veena Bhatnagar says the Online Safety Bill is very crucial as there are some young people who have considered suicide because of cyber bullying.
Opposition MP, Mosese Bulitavu has also suggested more time for consultation and the Standing Committee to look into the bill as this is one that will affect everyone who uses social media.
Chair of the Standing Committee for Justice, Law and Human Rights, Ashneel Sudhakar says the committee as part of their deliberations will advertise for submissions, call for public input, and return the report with amendments within 2 months.
SODELPA MP Viliame Gavoka had highlighted in parliament to be very cautious on how to place restrictions on social media and has also suggested to have 6 months of discussions on the bill adding that it will be removing something that is there as the only hope for people to express themselves freely.
The Acting Prime Minister then stressed that he talked about online safety and not a person’s political posting and curtailing freedom.
The motion to have the Online Safety Bill 2018 be considered by parliament without delay, that the bill must be immediately referred to the Standing Committee of Justice, law and Human Rights, the Standing Committee must report on the bill to parliament in the May sitting of parliament and upon presentation the bill must be debated and voted was passed last night.
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