Online viral sex tape: Lessons to be learnt

Joseph Veramu

Since writing this blog, local media has reported that two students involved in the recent sex video have been charged by Police. A 17yr old has been charged with 1 count of rape while another 17yr old has been charged with 1 count of rape and 1 count of trafficking of obscene publication. The matter has been adjourned to the 10th of January 2018. Comments on social media are in this vein, “Ridiculous...that was not rape nor assault....the gal looked like she was enjoying herself....anyone who saw the video can come to the conclusion that it was a mutual act on both sides...he wasnt forcing her nor raped her....from her actions it looked like she gave consent the whole time....why blame the boiz....the only wrong thing here was the upload of the video...she was even in school uniform...” Not correct.

The Crimes Act states that a person commits a summary offence (statutory rape) if he or she unlawfully and carnally knows or attempts to have unlawful carnal knowledge (sex) of any person being of or above the age of 13 years and under the age of 16 years. The maximum penalty for this offence is 10 years imprisonment. The Act also states that a person commits a summary offence if he or she, for the purpose of …distribution or public exhibition, makes, produces or has in his or her … tending to corrupt morals. The maximum penalty for this offence is 5 years imprisonment.

Before I proceed to discuss the video of two students having sex as a third friend filmed the proceedings I will discuss the context of social media in Fiji. A media report (8/10/2016) quoted statistics from Vodafone Fiji that there were 340,000 social media users – approximately 40 per cent of the total population. 300,000 Fijians are using social media through their mobile phones. The level of internet penetration will reach about half of Fiji’s population by early 2018. Some local universities use chat pages for study discussions and submission of assignments. Social media is also beneficial in terms of small and micro business transactions. Like any tech tool with positive features, there are also challenging aspects. 

Reading through social media posts, I gather that the two teenagers who were having sex while a third friend filmed the proceedings appeared to have tacit approval for the filming. The sex (usually referred to as a ‘quicky’ by active youths) was conservative and businesslike in its execution and appeared to take place within a school’s sick bay area. From chat posts, the lovers and the filmmakers carried on a light banter amongst themselves and with the boy filming as the act proceeded. At some point, the video was distributed outside of this small group and went viral.

One of the positive points about social media is that it allows access to a variety of viewpoints on controversial topics. The challenge is that people tend to harden their views on an issue early on, which makes it difficult to engage in honest discussions. The bulk of the comments I read blamed the girl who appeared to be 13 or 14 for being sluttish and sinful. The boy who appeared to be 16 or 17 hardly rated a mention.

One thing that comes out clearly from the video is that stakeholders working in sexual and reproductive health should rethink their strategies on sex education. Yes we most certainly should encourage young people to have sex after marriage. However the statistics over the last 20 years shows that thousands of Fiji’s teens engage in premarital sex which often leads to pregnancies and sexually transmitted diseases.  There is a need to provide counselling and to make condoms readily available for sexually active young people. The Police also have their Bluelight youth outreaches which is popular because of its mix of sports, friendly advice on the law.

Sex talk is taboo in most Fiji homes and this has to change overnight. The standard parental responses in cases where their children are involved are to look aghast and to say they were not aware of the activities. That is not good enough. Church leaders and community elders should support parents to openly discuss sex matters with their children. Schools need to use more creative learner centred methods of talking and counselling about sexual health issues. While we respect that nuns, priests and elderly pastors usually are assigned to talk to youths on abstinence, it would be good to get young role models to engage with young people too. This is especially in regards to the strategies they use to effectively deal with sexual urges and drives that affect most teens growing up into adulthood. It might also be constructive if peer sex educators can engage proactively with youths in their chat rooms. One poster (commenting after the sex video came out) argued that consensual sex acts are private matters. He was basically saying that it was none of the public’s business. Another said it may ‘involve more than 2 people or 5 people can even be in a room and there has to be consent for all activities among all of the people. So if say, I invited someone to record a video of me and my boyfriend having sex. That is it. I invited them to record it. I didn’t give consent for it to be shared. It was for me and my partner’s consumption.” Active engagement in youth chat rooms on values clarification can help individuals to clearly think through their actions.

One view is that social media has given users in Fiji and globally the notion of the 'instant celebrity, the average person(s) (often with little or no talent) who uploads a youtube video and becomes instantly infamous! Social media users in Fiji and globally are constantly looking at ways of increasing their tech footprints and the viral video is the most dramatic way of achieving this. I am told that the boy in the affair had discussed two sexual styles and there was an implication of a sequel. Sometimes young people produce videos that go viral and they gain street cred on their peer social media chat pages.

We need to actively engage young people in discussions on sex matters. Older folks must get out of their ‘holier than thou’ attitude. Youths of 10, 20 and 30 years ago were just as sexually active as today. If social media had been available in those days our population would probably have been in the millions by now. We need to be realistic and practical.

The important point to note is that social media is here to stay. It has a lot of advantages. There are also challenges of huge proportions. To solve them we need to get out of our culture of seeing sex talk as taboo. We also need to use learner centred methods in schools, churches, homes and communities to engage young people in sex talk and values clarification.

Fiji’s Legal Position on Cyber Crime, Intellectual Property and Privacy

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.

Climate Finance Important for Vulnerable Nations Like Fiji

Joseph Veramu

As the world gets ready to descend on Bonn for COP 23 in November, the issue of access to climate finance will be a key part of Fiji's agenda. Fiji will issue $100 million worth of “green bonds” to pay for projects to achieve the 100% renewable energy goal it agreed to at the Paris Climate Change Agreement, to be achieved by 2030. These bonds will be issued at FJ$100 each from November 1^st, 2017. The 5 year bonds will yield a 4% interest rate, and 13 year bonds have yields of 6.3%.

Ratu Sailosi Dawai (right) an Integrity Champion at the Pre COP Conference held at Sheraton Nadi on Oct 16-18

Of the developed nations only France and Poland have issued sovereign green bonds. Australia has supported the Fiji initiative. The International Finance Corporation has shown support as the green bond is envisaged to stimulate private sector investment and economic growth in the country.

Climate finance deals with the financing of activities that bring down greenhouse gas emissions or helps society to adapt to the impact of climate change. A green bond is a debt investment in which an investor loans money to an entity (usually a government) which borrows the funds for a defined period of time at a variable or fixed interest rate to fund environment-friendly projects. Green bonds first became popular when the World Bank issued them in debts linked to climate change. Between 2005 and 2014 climate-induced disasters in the Asia and Pacific region killed nearly 225,000 people and caused an estimated $350 billion in damages. The Asia Development Bank (ADB) will double its climate financing to $6 billion by 2020 in order to assist developing nations fight against climate change. STC Winston claimed the lives of 44 and left Fiji with a total damage bill of US$1.4 billion or one third of the GDP. 

"Nations cannot individually protect themselves or their people from #ClimateChange. This is why international negotiations are so vital."

The following website (http://www.sbs.com.au/news/article/2017/10/18/fiji-issue-bond-fight-climate-change) notes that since 1969, Fiji has faced 63 cyclones and 146 notable floods. In 2016 Severe Tropical Cyclone Winston was the strongest ever cyclone system recorded in the southern hemisphere to strike Fiji, severely affecting 60% of the population. Average asset losses from cyclones and floods estimated at more than FJD$500 million (A$310 million) a year. Rising sea levels threatening more than 40 villages. Three villages forced to move to higher ground.

One thing that came out very clearly after STC Winston was that it was like a wrecking machine that affected us in terms of very high relief and rehabilitation costs and the loss of loved ones. We also lost homes, crops, livestock and there were days when there was no electricity, transport and water. It was realized after STC Winston that a much bigger funding avenue would be needed to help Fiji cope with the effects of and the need to adapt to climate change and natural disasters.

Fiji welcomed 300+ delegates from 68 countries, more than any previous #PreCOP, treating them to a traditional performance by Fijian youths.

Fiji was one of the first developing nations to receive a grant of US$31 million from the Green Climate Fund (GCF) as part of a loan from the Asian Development Bank for the Urban Water Supply and Wastewater Management Project that will benefit a third of Fiji’s population of 860,000. This project allows for new infrastructure to increase clean water supplies by 20% and boost wastewater treatment capacity by 200% in the greater Suva area. The water intake for the new system will be moved higher up the Rewa River to avoid saltwater intrusion from a rise in the sea level and to cope with likely shifts in river flows in the future. The water system will be climate-proofed through a number of measures including strengthening pipes to make them more resilient to flooding. Preety Bhandari, of ADB’s climate change and disaster risk management said that part of the success of the joint submission to the Green Climate Fund was due to the ‘determination of the Fijian Government to link the resilient water supply and wastewater project to climate considerations. A unique feature of this project was that the Fijian Government showed very clearly that it was trying to integrate climate considerations into its normal development projects.”

Given the constant threat of natural disasters Fiji has to consider the impact of the changing climate and not being sucked into a vicious cycle of rebuilding our nation and our economy from one disaster after the next. Diversifying and broadening the economic base, despite the extensive cyclone damage resulted in the economy rebounding to achieve its seventh consecutive year of economic growth.

Fiii is building resilient infrastructures now given that the costs of beginning from scratch and rebuilding after extreme natural disasters are even higher. That is why Fiji’s public sector infrastructure meets tougher building codes and standards as short-term fixes will only cause more problems for the nation.

For more information on COP 23 please go to the Fiji Secretariat website

https://cop23.com.fj/

The website also has their twitter and facebook links

A Young Woman of Integrity: Tupou Elesi Veikoso

By Anela Liwaki

With God nothing is impossible. Centered and rooted in Christ and Christian teachings, Elesi Tupou Veikoso, a beautiful 20 year old from Lau uttered this Bible verse as a quote that sustains her in this life. Tupou, known to many as Pou originated from Mualevu in Vanua Balavu and has maternal links to Sawaieke, Gau in the Lomaiviti Group.

Tupou deemed her parents and her flamboyant older brother Jofiliti Veikoso as her greatest role models and the King too, which had me lost for a moment until she gleefully smiled and pointed towards the sky. She is a vibrant girl who always seems to have that warm Bula smile and contagious laugh, an indicator of how cool, outgoing, fun and free spirited she is. When asked to describe Tupou, Esther Davetawalu a mutual friend of ours, portrayed her as a beautiful, confident, outgoing girl with an exciting personality as she blends in well with everyone.  Tupou’s hobbies are surfing the net, reading and dancing and I must add that she is a great dancer. Give her a good beat and she’s ready to break it down. Her passion is working her own self to be better in leadership and management and this aligns well with her aspirations of becoming a Human Resource Manager (somewhere in Hawaii) and her striving towards always being a better person.

The young woman is an ex-scholar of Tilak High School and she is affiliated to her church youth group which is the Seventh Day Adventist Pathfinder Club and also Youths for Integrity. Joining the SDA Pathfinder club has allowed her to grow spiritually, and joining YFI has helped groom up her character to be a person of integrity. She claims that since joining YFI in 2015, YFI has nurtured and helped her grow more confident in herself. “I was shy before but since joining YFI, I’ve opened up and came out of my comfort zone,” shared Tupou. Being part of YFI has been a great experience for this insightful young woman as it has extended her knowledge on so many life-long important lessons. Tupou highlighted lesson about integrity, anti-corruption and how we can be agents of change in the fight against corruption to make good changes as some of the most important things she has learned. Another important lesson that she learned along the way and wanted to share was that we are not alone. Whatever adversity we are going through, we should know that someone cares and is always there to share the burden with us and help us through.

Querying Tupou on how she thinks the messages she has learned could be made known to other youths, she explained that similar training could be done more to advocate these messages. Furthermore, she explained that in the process of spreading important knowledge she learnt within YFI to her SDA Pathfinder group, she will advocate it in parallel with Christian teachings so that these teaching can be well received by her brothers and sisters in Christ. In addition, she strongly believes that advocating about integrity, corruption and the fight against corruption to everyone and not just the youths and taking these messages out to rural areas to make it more accessible to them is the way forward in creating a better Fiji.

All in all, I believe from the few days I’ve been acquainted with Tupou is that she will go a long way in life achieving all she plans to achieve. She is intelligent, determined and confident that she will achieve just as that famous saying goes, if there is a will, there is a way. Furthermore, from the way she was answering my interview questions and from the fact that she is part of YFI group, I could gauge that she is passionate about youths like herself getting all the advocacy they need in order to be youths of integrity for a better Fiji. I want to add that it’s  youths like Tupou with passion, vision and determination to make an impact and bring about good changes that are the ones who will be instrumental in making the world a better place.

Titilia (Moana), drives for success despite life's struggles

By Esther Daveta
Titilia Raibe Doughty is a 24 year old Yasawan beauty of Tavewa, Nacula, who is fondly known as Moana. She is one of the few young people who wants to positively impact her community by spreading the gospel of integrity. Moana comes from a family of 9 siblings with her being the 2nd eldest. With this status in her family, everyday she ensures she achieves her daily goals.

As a student of Koronivia studying Fisheries, she faced a lot of struggles, some of which were heart breaking and some of which have moulded her character. During her 2nd year of studies, she had to look for some source of income to independently pay her school fees. She had to do this since there were financial constraints faced by her family. "I had to go out and look for job, I had to be a house girl and I had to earn because I wanted to finish my Bachelor’s degree so badly," Moana explained.

Born and bred in Nasolo,Ba, Titilia developed her love for dancing under the influence of her many Indo-Fijian friends.Titilia with her beautiful smile, and radiant personality, uses her daily struggles as her personal motivation to give back to her parents who are her role models. She looks forward to a good job and a steady income in the very near future. She continually advices young people to get involve with youth groups that have constructive objectives.

Never Let people's negative thoughts about you hinders you from accomplishing what God put in your Heart..Dare to Dream and Dare to live

"Learn new things, meet people and never underestimate your talents and potential to achieve great things. Try and come out of your comfort zone. You'll be surprised to see the hidden qualities you have, as a future leader or even someone with talent. "

Coming from a big family, she ensures that her younger siblings look up to her as a role model, thus she puts God first in everything she does. "Everyone is Imperfect, which shouldn't stop us from praising & trusting our Perfect God. Let people talk bad about you, let them gossip, let them hate. You just keep moving forward and trust God as God will deal with those people." Titilia looks forward to completing her final units and getting a job after graduation. "This will all be worth it, I can't wait. Young people should never give up, no matter how difficult things move. Moana's story inspires me to press on and move forward with head held high and the notion that we will all make it.

WWF: Building a future in which people live in harmony with nature

By Felise Tominiko

I attended the 2 day workshop organised by the Youths for Integrity Network at the Coral Coast Christian Camp on October 8^th to the 10^th, 2017 and this short article summarizes my presentation on being a WWF Volunteer.

The WWF South Pacific FB link is https://web.facebook.com/WWF-South-Pacific-57146632919/

The WWF South Pacific website is http://www.pacific.panda.org

The WWF South Pacific Programme Office (WWF SPPO) is a non-governmental conservation organisation serving the Pacific Island countries. The Pacific region is a marvel of terrestrial, aquatic and coral reefs with the largest block of intact tropical rainforest in Asia Pacific.

Given the splendour of this region, WWF has been working since 1990 with the governments and peoples of the Pacific on conservation and natural resource management programmes and projects.

The South Pacific's greatest assets are our people, culture, and environment. If we destroy our environment, we lose our livelihood.

YFI Workshop

I attended the two days YFI workshop and this was another stepping stone in my learning experience. Meeting new and old friends and having Dr. Veramu as a father figure and a mentor to us participants was a blessing. This workshop has taught us to be effective advocates and facilitators. I also learnt about civic education like having responsibilities as a Fijian citizen and the qualities of being a good leader. I was also inculcated with the value of Integrity which is the use of our ethical principle in all aspects of our lives. I believe that integrity is applicable to every social issue, like Climate Change.

The two days workshop has taught me what integrity really means and how we need to apply this principle in our daily lives.

Action Plan

·        Get back to WWF and debrief of what I learnt in the 2 days workshop

·        Network building. Pushing for the need to extend the WWF volunteer programme to the west and the North because volunteers are keen to become WWF volunteers (advocacy work for the Environment)

·        Invite some YFI reps to come and do trainings to the WWF Volunteer programme

·        WWF building partnership with YFI in terms of advocacy work for the Environment.

·        Invite more WWF volunteers to YFI workshop for capacity building in terms of advocacy work.

Optimism is Seko's Passion

By Maria Raga (Mia)

Sekonaia Junior Veidovi, 21, is a young man who hails from the island of Beqa which is famously known for shark diving and is a popular destination for tourists. He is the eldest of 3 siblings and wants to be a positive role model to his siblings and all those he interacts with. Every day he counts his blessing that the Lord guides his life. He feels favoured to have reached the age of 21 without any mishaps.

Seko (middle) is also a participant in Fiji's Bodybuilding sports

I was assigned to interview Seko at the Canada funded “Youths for Integrity” Camp held at the Coral Coast Christian Camp on October 8^th to the 10th. I noticed his gentle and friendly personality. He looked very fit and I was not surprised that his dreams of sports excellence was attuned to his physique. Unlike other young people who go around with mournful faces from too much grog or personal issues, Seko exudes positive vibes with his laughter and refreshing demeanour.  Yes the world is full of problems but we must never forget that the Lord is always there with us and we must turn to him in good and also challenging times.

Seko has a strong passion to one day become an internationally recognised rugby player. As part of his efforts to attain his rugby dream, he is playing for a rugby club at the national level, called the Endeavor Brothers Rugby Club. His sports passion and enviable fitness speaks volume of his great chances of attaining his rugby dream. Many young men today are confused by what dreams to follow, but Seko has got his priorities set right.

He also strives to be a good role model for young people. He is not only an active “Youth for Integrity” participant but is also a member of the MYF in the Dokanaisuva community. This reflects that he also maintains his relationship with God. Sekonaia is a great example of a person balancing his career goals and his spiritual relationship.

From additional research, I found that Seko is also a participant in Fiji's Bodybuilding sports and happens to be a good companion of Fiji's famous bodybuilder Mr. Yanuyanudrua. Seko also acknowledges Tomasi Misipeka as his good friend and this was evident by the way that they were by each other's side at the YFI Coral Coast camp.

As a true gentleman, he acknowledged that he is also devoted to his girlfriend. He describes her as beautiful, smart and all that he could wish for in an ideal girl. Seko does not conform to the notion that such friendships should be kept secret.

A surprising fact about Seko is that he is related to one of Fiji’s loved and honoured sons, namely Osea Kolinisau. Seko’s highest achievement in rugby is when he represented Fiji in touch rugby in 2010. He is a motivated young man with much in mind and actions to achieve. I'm truly proud that he is one of many young Itaukei men who is working to make a difference in our society. May God Bless him in his endeavours.