UniFiji Urges Standing Committee To Consider Hate Crimes And Cyberterrorism In Legislation
University of Fiji submissions urged the Standing Committee members to consider including both hate crimes and cyberterrorism as additional clauses in the proposed Cybercrime legislation.
Saturday 27 June 2020 | 09:38
The proposed Cybercrime legislation cannot be inconsistent with the Constitution of Fiji.
This was the crux of the submission made by the University of Fiji led by Acting Vice Chancellor Professor Shaista Shammem to the Standing Committee on Justice, Law and Human Rights on the Cybercrime Bill 2020.
She said Parliament was encouraged to consider Section 24 the Right to Privacy protection in the Constitution of Fiji.
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“Parliament can pass a law limiting the constitutional right to privacy, however, that limitation needs to be narrowly construed according to the guidelines established by the Siracusa Principles which is a United Nations document.
The Siracusa Principles state, among other things, that a law (for example a cybercrime law) limiting a right (for example the right to privacy):
(i) cannot be interpreted to jeopardise the right concerned;
(ii) shall not be applied in an arbitrary manner;
iii) must pursue only a legitimate aim; and
(iv) is proportionate to the pressing public or social need that it is meant for.
The Principles also state that the burden of justifying a limitation upon a guaranteed right lies with the State.
The Submissions from the University of Fiji School of Law requested the Parliamentary Standing Committee to consider the Siracusa Principles when discussing the Cybercrime Bill 2020, especially in relation to section 17 (2) of the Bill which may be ambiguous in relation to constitutional rights protection in Fiji.
In addition, the University of Fiji submissions urged the Standing Committee members to consider including both hate crimes and cyberterrorism as additional clauses in the proposed Cybercrime legislation.
Side bar:
Section 24 of Fijian Constitution
Right to Privacy
(1)Every person has the right to personal privacy, which includes the right to:
a) confidentiality of their personal information
b) confidentiality of their communications and
c) respect for their private and family life
(2) To the extent that is necessary, a law may limit or may authorise the limitation of, the rights set out in subsection (1)
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