Fiji: The CyberCrime Act, 2021
The CyberCrime Act, 2021 is Fiji’s first comprehensive legislation that defines and criminalizes cybercrime in the country. The Act seeks to prevent and address growing cyber threats and digital crimes, including hacking, cyberbullying, online identity theft, and child pornography. It criminalizes acts such as accessing a computer system without authorization, distributing malware, and intentionally damaging computer data.
The Act also establishes an independent agency called the Cybersecurity and Digital Crimes Unit to investigate, prosecute, and prevent cybercrimes. The Unit collaborates with international agencies and other stakeholders to develop and implement cybersecurity policies, guidelines, and programs. It also provides a framework for regulating cybersecurity service providers, critical information infrastructure, and protecting personal data.
The CyberCrime Act, 2021 provides severe penalties for individuals guilty of cybercrimes. These include imprisonment for up to ten years or a fine of up to FJD 500,000, or both, for offences such as unauthorized access, interception, or modification of data. The Act represents a significant milestone in Fiji’s efforts to combat cybercrime, protect its critical information infrastructure, and promote a safe and secure digital environment for its citizens.
PART 1 – PRELIMINARY
1 – Short title and commencement
2 – Interpretation
3 – Application
4 – Savings of certain laws
PART 2 – OFFENCES AGAINST THE CONFIDENTIALITY, INTEGRITY AND AVAILABILITY OF COMPUTER DATA AND COMPUTER SYSTEMS
5 – Unauthorised access to computer systems
6 – Unauthorised interception of computer data or computer systems
7 – Unauthorised acts in relation to computer data or computer systems
8 – Unlawful supply or possession of computer system or other device, or computer data or computer program
PART 3 – COMPUTER-RELATED AND CONTENT-RELATED OFFENCES
9 – Computer-related forgery
10 – Computer-related extortion and fraud
PART 4 – OTHER OFFENCES
11 – Identity theft
12 – Theft of telecommunication services
13 – Disclosure during an investigation
14 – Failure to provide assistance
PART 5 – PROCEDURAL MEASURES
15 – General procedural powers
16 – Search and seizure
17 – Admissibility of evidence
18 – Expedited preservation of stored computer data
19 – Expedited preservation and partial disclosure of traffic data
20 – Production order
21 – Search and seizure of stored computer data
22 – Real-time collection of traffic data
23 – Interception of content data
PART 6 – INTERNATIONAL COOPERATION
24 – General principles relating to international cooperation
25 – Extradition
26 – Spontaneous information
27 – Confidentiality and limitation on use
28 – Expedited preservation of stored computer data
29 – Expedited disclosure of preserved traffic data
30 – Mutual assistance regarding access to stored computer data
31 – Transborder access to stored computer data with consent or where publicly available
32 – Mutual assistance regarding the real-time collection of traffic data
33 – Mutual assistance regarding the interception of content data
34 – 24/7 Network
PART 7 – MISCELLANEOUS
35 – Regulations
36 – Consequential amendments
