Online Safety Act reforms still under legal Rreview

Reforms to Fiji’s Online Safety Act 2018 remain under legal review, with no final decision yet on whether the proposed changes will return to Cabinet or proceed to Parliament.

Minister for Communications Ioane Naivalurua said the process was still with the Solicitor-General’s Office. “It’s still in process,” he said.

“It's yet to be finalised. Once it passes that point, then it can be taken forward whether to the parliamentary floor or back again to Cabinet.”

While that is still in the process, the Online Safety Commission continues to call for stronger investigative and enforcement powers to address increasingly complex forms of online abuse and the challenges posed by rapidly evolving technology.

Commissioner Filipe Batiwale said the existing Act did not give the commission general powers to block websites.

“The Act does not give the Commission a general power to impose Internet Service Provider or ISP-level website blocking across Fiji,” he said.

Mr Batiwale said any proposed restrictions would require consideration by the relevant Government legal and regulatory authorities, including whether additional legislation was needed.

He said the commission currently had no independent prosecution powers, meaning cases requiring criminal prosecution had to proceed through other authorities and established legal processes.

“Our priority is to ensure that the resulting legislative framework is practical, enforceable and responsive to the realities faced by Fijians online.”

He said safeguards would also be important, including clear decision-making responsibilities, reviews of incorrect classifications and avenues to challenge restrictions.