Papua New Guinea: The CyberCrime Code Act, 2016
The CyberCrime Code Act of 2016 is a law passed by the Papua New Guinea government to address cybercrime in the country. The law criminalizes a wide range of cyber activities, including unauthorized access, interception of data, hacking, cyberbullying, identity theft, and computer-related fraud. It also provides for penalties, including fines and imprisonment, for offences such as cyber terrorism and child pornography.
The law establishes the Office of the Chief Censor as the lead agency responsible for investigating and prosecuting cybercrime in the country. The office works closely with other law enforcement agencies and international partners to develop and implement effective strategies for combatting cybercrime.
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.
Division 1 – Compliance with Constitutional Requirements.
1 – Constitutional requirements.
2 – Interpretation.
PART II – JURISDICTION.
3 – Application.
4 – Effect of changes in law.
5 – Age of criminal culpability.
PART III – OFFENCES AND PENALTIES.
Division 1 – Offences Related to the Integrity of Data and Electronic Systems or Devices.
6 – Unauthorised access or hacking.
7 – Illegal interception.
8 – Data interference.
9 – System interference.
10 – Data espionage.
11 – Illegally remaining.
Division 2 – Computer Related Offences.
12 – Electronic fraud.
13 – Electronic forgery.
14 – Electronic gambling or lottery by a child.
15 – Identity theft.
16 – Illegal devices.
Division 3 – Content Related Offences.
17 – Pornography.
18 – Child pornography.
19 – Child online grooming.
20 – Animal pornography.
21 – Defamatory publication.
22 – Cyber bullying.
23 – Cyber harassment.
24 – Cyber extortion.
25 – Unlawful disclosure.
26 – Spam.
Division 4 – Other Offences.
27 – Cyber attack.
28 – Online copyright infringement.
29 – Online trade mark infringement.
30 – Patent and industrial designs infringement.
31 – Unlawful advertising.
PART IV – PROCEDURE IN SEARCH, EVIDENCE, INVESTIGATION, ETC.
Division I – Authorised Search and Seizure.
32 – Search.
33 – Search powers.
34 – Assistance.
Division 2 – Preservation of Evidence.
35 – Production orders.
36 – Expedited preservation.
37 – Partial disclosure.
38 – Restraining orders.
Division 3 – Powers of Investigation.
39 – Authorised interception.
40 – Collection of traffic data.
41 – Forensic tools.
Division 4 – Evidence and Admissibility.
42 – Judicial notice.
43 – Electronic evidence.
PART V – ICT SERVICE PROVIDERS.
44 – Criminal liability of ICT service providers.
45 – Disclosure of details of an investigation.
PART VI – INTERNATIONAL CO-OPERATION.
46 – Mutual assistance.
47 – Extradition.
PART VII – CERTAIN INDICTABLE OFFENCES, REGULATIONS, ETC.
48 – Indictable offences triable summarily.
49 – Rules, etc.
50 – Regulations.
