Kiribati: The CyberCrime Act, 2021
The CyberCrime Act of 2021 is a law passed by the Kiribati government to address cybercrime and online offences in the country. The law criminalizes a wide range of online activities, including hacking, identity theft, cyberstalking, and the distribution of child pornography. It also provides for stiff penalties, including fines and imprisonment, for offences such as spreading malware, cyber espionage, and denial of service attacks.
The law establishes the Kiribati National Cybersecurity Agency as the country’s lead agency for cybersecurity and cybercrime investigation and prevention. The agency works with other government agencies and private sector organizations to share information about cyber threats and to develop strategies for addressing them.
The law has been praised for its comprehensive approach to cybersecurity and for its emphasis on international cooperation in the fight against cybercrime. However, some critics have raised concerns about the potential for the law to be used to infringe on civil liberties and privacy rights. The law has been amended several times since it was first introduced to address some of these concerns and to keep up with technological developments and changes in the cyber threat landscape.
PART I – PRELIMINARY MATTERS
1 – Short Title
2 – Commencement
3 – Definitions
4 – Application of this Act
PART II – ESTABLISHMENT OF A CYBERCRIME UNIT
5 – Cybercrime Unit
6 – 24/7 Network
PART III – OFF1ACES AND PENALTIES
7 – Unauthorised access
8 – Unauthorised interception
9 – Unauthorised data interference
10 – Unauthorised system interference
11 – Misuse of computer systems and computer programs
12 – Computer-related forgery
13 – Computer-related fraud
14 – Sexual abuse material depicting a child
15 – Solicitation of Children
16 – Disclosure of details of an investigation
17 – Sending or publishing information or material by means of computer system
18 – Harassment utilizing means of computer system
19 – Parties to offences
20 – Offences by a body corporate
21 – Admissibility of electronic evidence
PART IV – PROCEDURAL LAW
22 – Search and seizure
23 – Assistance
24 – Production order
25 – Expedited preservation
26 – Partial disclosure of traffic data
27 – Collection of traffic data
28 – Interception of content data
29 – Conditions and safeguards for protection of rights
PART V – INTERNATIONAL COOPERATION
30 – Cooperation with foreign Government
31 – Mutual Assistance Act not applicable
32 – Request in relation to the expeditious preservation of data
33 – Disclosure of service provider for transmission of specified communication
34 – Request for assistance from the investigating agency
35 – Mutual assistance regarding real-time collection of traffic data
36 – Extradition
PART VI – MISCELLANEOUS
37 – Trans-border access to stored computer data with consent or where publicly available
38 – Act to have overriding effect
39 – Copyright infringement
40 – Confidentiality
41 – Regulations
42 – Consequential amendments
