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CCF Urges Amendment To The Crimes Act Of 2009

CCF Urges Amendment To The Crimes Act Of 2009
May 04
12:33 2018

Ms Lagilevu also recommended that relevant resources be focused on addressing issues faced by the existing Cyber Crime Unit to combat the rising Cyber problems.

The Citizens’ Constitutional Forum (CCF) has recommended that an amendment be made to the Crimes Act of 2009 to incorporate regulations to govern communication through all electronics devices which can access the internet.

CCF Representative and lawyer Lusia Lagilevu while making submissions to the Standing Committee on Justice, Law and Human Rights yesterday stated there was existing legislation that addresses some aspects of Cyber Crime and related issues.

She said the Crimes Act addresses Cyber-crimes though the offences substantially only involved the use of computers in Division 6 of the Act.

“Nowadays, other electronic gadgets are used to conduct similar offences and other irresponsible online communications,” Ms Lagilevu said.

She highlighted that during his speech at last year’s Attorney-General’s Conference, the Police Commissioner Brigadier-General Sitiveni Qiliho stated that the Crimes Act was silent on digital devices like mobile phones, tablets that also can store and disseminate data.

She said rather than introducing a new legislation the Crimes Act should be utilised by way of a review.

Ms Lagilevu also recommended that relevant resources be focused on addressing issues faced by the existing Cyber Crime Unit to combat the rising Cyber problems.

“The creation of a new Commission will not benefit the country as resources will not be effectively or efficiently used if we cannot utilise what we already have,” she said.

“In using existing institutions, this could effectively help and improve the current resources and capacity building for the purpose of best practice in addressing Cyber issues.”

She added that it would allow for timely implementation and enforcement of newly legislated laws.

“The CCF submits that a person’s rights under the Constitution be considered as a factor or element in the Online Safety Bill along with the element of harm.”

Ms Lagilevu said the Bill would undoubtedly touch on certain rights of a person such as their Freedom of Expression.

CCF also submitted for implementing the “Communication Principles” in the New Zealand Act into the Bill to provide assistance to the institution intending to receive complaints.

Edited by Mohammed Zulfikar

fonua.talei@fijisun.com.fj

 

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