Online Safety Commission cannot ban TikTok, says Commissioner

The Online Safety Commission does not have the legal authority to ban TikTok or any other social media platform under Fiji’s current laws, Commissioner Filipe Batiwale has clarified.

Speaking amid growing concerns about harmful online content, particularly sexually explicit material reaching children and young people, Mr Batiwale said any move to restrict or ban a platform would require careful consideration of legal, constitutional and wider social implications.

He said the commission’s role focused on addressing online harm and supporting victims, rather than blocking access to social media applications.

Mr Batiwale acknowledged public concerns about content circulating on platforms such as TikTok but questioned how harmful material continued to evade moderation systems.

He called on social media companies to strengthen safeguards and take greater responsibility for content appearing on their platforms.

The commissioner made the comments as the Online Safety Commission continues to push for reforms to the Online Safety Act 2018.

He said the ongoing legislative review presented an opportunity to address gaps in investigative and enforcement powers, clarify the responsibilities of online platforms and consider additional prosecutorial powers with appropriate safeguards.

Mr Batiwale said the commission would contribute its frontline experience to the review led by the Fiji Law Reform Commission.

He said the ultimate goal was to ensure Fiji had a practical and enforceable legal framework capable of responding to online abuse, including harassment, impersonation, threats, sextortion and the sharing of intimate images.

The commissioner also renewed calls for greater investment in online safety, including a dedicated digital forensic laboratory, specialist investigators and stronger enforcement powers to better protect Fijians from growing digital threats.