Dialogue Fiji is once again urging urgent reform of the Online Safety Act 2018, focusing on the contentious “causing harm by electronic communication” clause. This legislation, they argue, is being increasingly misused to censor and prosecute individuals, thereby endangering free speech. According to Nilesh Lal, the Executive Director of Dialogue Fiji, recent legal actions taken under Section 24 of the Act bring to light the ongoing apprehensions about its potential exploitation.
This surge in legal actions comes as no surprise to civil society, legal experts, and politicians who voiced their concerns when the Act was passed in 2018. The provision allows for criminal charges against individuals for causing “serious emotional distress” via digital communication, a term criticized for its lack of specificity. When the Act was initially enacted, only FijiFirst MPs supported it, while opposition members unanimously voted against it, arguing that it threatened democratic principles and freedoms.
Ironically, those who were once critics of this law are now part of the government but have yet to amend the Act. Dialogue Fiji argues that the same risks to democracy exist today as when the Act was first passed. The vague language of the law could potentially criminalize legitimate forms of political expression and satire, creating a climate of fear that stifles open discourse. This situation is described as a chilling effect, where people hesitate to voice their opinions for fear of prosecution.
Dialogue Fiji calls for specific reforms to ensure protective legislation without infringing on democratic freedoms. They recommend clearer definitions of harm, focusing on tangible psychological impacts, threats, and privacy invasions. Furthermore, they propose that charges should only be pursued where there is intent or a reckless disregard, and not mere negligence. Exemptions for political speech and satire, a graduated response with prioritized mediation over prosecution, and proportionate penalties are also suggested.
The organization emphasizes that while online safety laws are essential, they must be balanced to protect individuals from abuse without suppressing free speech. The calls for reform echo broader discussions within Fiji about balancing digital safety with freedom of expression. Previous debates have highlighted the need for robust enforcement against online hate and abuse while protecting democratic participation.
Fiji’s journey toward amending the Online Safety Act represents a crucial step in fostering a digital environment that upholds both individual protection and freedom of speech. Enhanced legal clarity and community engagement could foster safer online spaces without sacrificing essential democratic values. There is hope that with determined efforts, Fiji can establish a more equitable digital landscape, safeguarding against exploitation while promoting free expression.
Leave a comment