Dialogue Fiji has raised significant concerns regarding the increasing reliance on Section 24 of the Online Safety Act 2018, suggesting it may pose a growing threat to freedom of speech in the country. This section pertains to the “causing harm by electronic communication” offense, which has been invoked in recent weeks to investigate or charge several individuals. Nilesh Lal, Executive Director of Dialogue Fiji, highlighted that this provision for “causing harm,” defined as “serious emotional distress,” lacks precise legal guidance, creating fears of potential misuse.
When the law was enacted in 2018, it faced strong objections from diverse political and civil society groups, including opposition parties and human rights advocates, who warned it could be used to stifle dissent and silence critics. Despite changes in government following the 2022 elections, these concerns remain unaddressed. Many of the former opposition MPs, now in leadership positions, have not initiated reforms despite previously condemning the law.
Dialogue Fiji is advocating for immediate reform of the Online Safety Act to prevent its use as a tool for political retribution. They emphasize the need for clearer definitions of what constitutes harm and safeguards to protect democratic freedoms and ensure free speech is not unduly restricted.
This issue resonates with broader discussions within Fiji regarding the balance between online safety and free expression. Past reviews and calls for amendments have addressed the need for more robust enforcement powers to combat online hate and abuse while ensuring protection for vulnerable groups. The ongoing debates underscore the importance of legal reform and community engagement in creating a safer and more equitable digital environment in Fiji. There is cautious optimism that, with concerted effort and collaboration, Fiji can advance towards online laws that protect citizens without compromising free speech and human rights.
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