In order for any revision of the Online Safety Act to be effective, those reviewing the law would have to consider whether limiting freedoms, including freedom of expression, would be counter-productive to the purpose of the Act and the Constitutional provisions on the right to information.
This has been highlighted by University of Fiji Vice Chancellor Professor Shaista Shameem at the Online Safety Commission consultations conducted by the Law Reform Commission at the University’s Saweni Campus.
UniFiji says revision of the Online Safety Act is necessary to keep pace with digital transformations since the Act was passed in 2018.
However, they say, any legislation monitoring the digital space needs to establish a clear balance between the right to information on the one hand, and the right to be safe from harm caused by dissemination of certain types of information on the other.
Professor Shameem says the online world provided information to ordinary people and it was their constitutional right, both to impart and to receive information; however, some of that information could also cause serious harm to people, including those in vulnerable groups, and the difficult job for government was to try to find a balance.
Professor Shameem says whether citizens accept reforms that limit their right to information depends on whether they trust that the definition of harm communicated through online platforms is shared by both citizens and lawmakers.
She says the definition of harm is very subjective and open to misinterpretation, especially as the current Act defines harm in very narrow terms.
The Vice Chancellor says the definition of information itself was unclear in the digital space and Social media platforms served to disseminate information as much as being a vehicle for potentially causing harm.
Professor Shameem says the current law review presented an opportunity to reconsider the overall paradigm, purpose, structure and future direction of online regulation in Fiji.
The university's submission also recommends updating the legislation to address emerging digital harms such as AI-generated intimate images, deepfakes, anonymous online abuse and other forms of image-based abuse, while strengthening protections for children and ensuring that freedom of expression and other constitutional rights remain protected.
Professor Shameem says the proposed reforms were aimed at strengthening victim protection, improving institutional accountability, enhancing legal certainty and ensuring Fiji's online safety framework remained fit for purpose in the digital age.
The university also made comprehensive submissions identifying a number of legal, institutional and operational gaps within the current legislation, including the absence of guiding communication principles, child-specific protections, intermediary liability provisions, appeal mechanisms, clear coordination arrangements with other agencies and adequate procedural safeguards.
In addition, the university recommended that the Online Safety Commission governance structure be revised to include more than one commissioner, as well as a Director.
UniFiji says a policy issue to be considered was whether the current hybrid structure for both education and enforcement was effective or could be made more so.
Professor Shameem says the objective should not simply be a stronger Act, but a clearer, more coherent and more effective legislative framework that is constitutionally sound, has robust governance and complaints mechanisms, is practically enforceable and responsive to the realities of Fiji's evolving digital environment.
UniFiji says they remain committed to contributing informed legal and policy research to issues of national importance through its Think Tank.
