by Asinate Raga
1.
Cyber Crimes
1.1
Introduction
With
the rise in modern technology, crimes accruing within the dimensions of social
media have gained serious legal attention. Generally, the term cybercrime is a
contemporary concept that emerged out of the implications of networking and
computing. The term cybercrime is too complex that it can be expressed in many
different illegal conducts. There are certain computer crimes which involve the
exploitation of data and online crimes which affect a person’s life.
Presently,
Fiji’s population have become accustomed to the use of social media and have
contributed to computer- savvy approaches. Despite awareness on cybercrimes in
Fiji, the laws still create leeway for perpetrators of cybercrimes. This report
will analyze and scrutinize Fiji’s position on cybercrimes insofar as Fiji’s
legal system is concerned.
1.2
Summary of cybercrime laws in Fiji
Cybercrimes
include all criminal acts conducted through virtual means and which may cause
some sort of loss to a person, organization or the government. Technically, cybercrime
laws in Fiji are limited within the scope of data protection, confidentiality
and integrity. However, cybercrime offences indirectly related to a person also
have legal implications in the civil courts. The effect of civil actions would
afford a victim of cybercrime with remedies such as compensation, injunction
and specific performance, to state a few. Cybercrimes are legislated under the
Crimes Act 2009, the Proceeds of Crimes Act and relevant case laws. Sections
336-346 of the Crimes Act 2009 establishes the different forms of cybercrimes
and the legal elements to prove a cybercrime case. The burden of proof, rests
with the Prosecution in a criminal case as such.
Pursuant
to the Crimes Decree 2009, computer crimes include the following:
i.
Unauthorised modification
of data to cause impairment;
ii.
Unauthorised impairment
of electronic communication;
iii.
Unauthorised access to,
or modification, or restricted data;
iv.
Unauthorised impairment
of data on a computer disk, etc;
v.
Possession or control
of data with intent to commit a computer offence; and
vi.
Producing, supplying or
obtaining data with intent to commit a computer offence.
In addition, the
Criminal Procedure Act 2009 also criminalizes certain crimes associated with
computer and networking. In the case of State v Singh [2016], the Magistrates
Court of Suva invoked Section 70 (1) and (2) of the Proceeds of Crimes Act. In
this case, the accused was involved in an online scam where her local bank
account was left accountable to foreign deposits found to be the subject of
illegal activities. A foreigner had made deposits of more than $70000 into the
accused bank account and requested the accused to send money to certain African
people. The Court found that despite lacking proper intention of the illegality
of her actions, the law strictly condones criminal activities which transpires
as a result of networking. It is evident that Fiji’s legal system acts rigidly
on crimes accruing in the virtual arena. The embodiment of computer crimes
under Fiji’s laws illustrates Fiji’s position in addressing issues associated
with technological advancements.
1.3
Surprising aspects of Fiji’s laws on Cybercrimes
The
structure of Fiji’s laws on cybercrimes provide a comprehensive approach
towards addressing computer-related crimes. From a personal perspective, the
Crimes Act 2009 criminalized aspects of cybercrimes from different dimensions.
The astonishing aspect of Fiji’s cybercrime laws is where a person could be
found guilty without intention to commit a computer related crime. With
reference to the case of State v Singh, the accused lacked the intention of
committing a crime which was caused by online scams and deceptions. However,
the accused was found guilty as her actions were directly motivating the
pursuance of the scams. The accused had willfully provided her bank account as
the main deposit account from foreign scams. This caused her vulnerability to
be criminally liable. It is surprising to learn how and in what other ways a
person could be held criminally liable due to activities associated with
networking.
1.4
Perspective on the Amendment of Fiji’s Cybercrime Laws
From
a personal viewpoint, there is a need for Fiji’s cybercrime laws to be amended.
This solely depends on the legislators of the day and to what extent is Fiji
copiously conscious of the matters of cybercrimes. It is strongly argued that
Fiji needs to extend its scope of cybercrimes as advancement in technology
could blind the course of justice. Fiji’s laws on cybercrimes would be amended
provided that cybercrime issues are reasonably addressed.
1.5
How does Fiji’s cybercrime laws promote ethical
behavior?
The
term ethics is often associated with the principles of morality, which compels
a person to know what is right from wrong. Fiji’s cybercrimes are demonstrated
in the Crimes Act 2009 and the Proceeds of Crimes Act. It is evident that the
Crimes Act 2009 pursuant to Sections 336- 346 condones the acts of fraudulently
and dishonestly obtaining, producing, supplying and altering data. The
recognition of ethical behavior through networking and computing is regulated
through Fiji’s cybercrime laws.
1.6
Enforcement of Fiji’s cybercrime laws by Local
Organisations.
It
could be stated that most of Fiji’s Organisations fail to address and combat
cybercrimes within their respective environments. Organisations need to
understand the consequences accompanied with cybercrimes. The following suggestions
addressed below are mechanisms upon which Organisations could appropriately
enforce cybercrime laws of Fiji:
i.
Establish
organizational guidelines regulating cybercrimes in accordance with the Crimes
Act 2009.
ii.
Enforcing internal
disciplinary mechanisms to deal with minor related computer crimes; and
iii.
Ensuring that the
Organisation’s ethical standards incorporate appropriate cyber ethical
behaviors.
1.7
Additional Cybercrime Laws which needs to be included
in Fiji’s Laws
The
2013 Constitution is the supreme law of Fiji. Whereby, it is recommended that
the 2013 Constitution should also embody provisions pertaining to the
protection, confidentiality and integrity of data. This perhaps would be the
best suggestion on improving cybercrime laws in Fiji.
1.8
Conclusion
In
conclusion, cybercrimes is a modern concept which still has to be reasonably
addressed in Fiji. The education sector has taken a role in addressing
cybercrimes. Fiji’s legal framework has exerted efforts to prosecute
perpetrators of cybercrimes. Initiatives of local Organisations would elevate
Fiji’s position in condoning cybercrimes.
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