Individuals with concerns about harmful online content can file complaints with the Online Safety Commission (OSC).
Prominent Suva lawyer Jon Apted explained that if a post is causing or is likely to cause serious emotional harm, a complaint can be made, and the Commission may choose to either accept or decline to act on it.
“If the commission accepts the complaint, it will first attempt to mediate between you and the poster,” said Apted.
“It will investigate and, if it identifies the poster, mediate. If the poster or sharer is unwilling to apologize and offer appropriate compensation, the matter can be taken to court.
“That’s the civil route. If the OSC declines to act, you may go to court yourself to obtain these orders, but only if you have attempted to use the commission first.”
Apted stated that the Online Safety Act allows for the prosecution of individuals whose electronic communications have caused actual harm to someone else or involved the sharing of an intimate visual recording without consent.
The commission signed a Memorandum of Agreement with Fiji Police in 2018, permitting the police to prosecute cases on its behalf.
Apted noted that severe penalties could be imposed.
“Causing harm by posting electronic communication can result in a fine up to $20,000 or imprisonment for five years, or both for individuals.
“For corporations, the fine could be up to $100,000 and for directors and managers, up to $50,000, or imprisonment for seven years, or both.
“In determining the penalty, factors such as the extremity of the language and images, the extent of circulation, whether the information was true or false, and whether it was malicious are considered.”