Victims of online crime in Fiji are facing significant challenges in obtaining legal recourse due to outdated laws that hinder the conviction of offenders. Online Safety Commissioner Filipe Batiwale has raised alarms regarding loopholes and ambiguous language in current legislation that permit perpetrators to act with impunity.
Batiwale pointed out that the language used in legal offences is fraught with technicalities, which complicates the process of securing convictions. The courts struggle with the absence of a clear definition regarding what constitutes serious emotional distress, a critical factor in the prosecution of such cases. As Batiwale explained, serious emotional distress pertains to the psychological impact of harm, which can greatly differ based on individual circumstances such as personality and social context. This subjectivity adds another layer of complexity to the prosecutorial process.
Asta Sonner, founder of Limitless Marketing, echoed Batiwale’s concerns by highlighting that Fiji’s online safety laws were not designed to accommodate the rapid advancements in technology that characterize today’s digital landscape. Sonner stressed the necessity for current legislation to mirror the modern realities of online interactions, emphasizing that effective enforcement is essential.
Experts are urging lawmakers to modernize Fiji’s Online Safety Act, warning that without necessary reforms, victims of online crimes may continue to find themselves unprotected, while offenders might evade justice. The call for legislative updates reflects a growing recognition of the need to adapt to the evolving nature of online harm, ensuring that both victims receive the support they need and that offenders are held accountable for their actions. By prioritizing the modernization of these laws, Fiji can take significant steps toward enhancing online safety and supporting its citizens in the digital age.
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