If you are circulating explicit material of others, that is a crime – Tabuya

Minister for Women, Children, and Social Protection, Lynda Tabuya has reminded members of the Fiji Law Society that circulating explicit material, including pictures and words, is a crime under Section 377 of the Crimes Act.

While speaking at the Law Society’s Annual Conference on the relationship between technology and the law in the rapidly changing digital environment, Tabuya says that we find ourselves in an age where information travels at the speed of light, artificial intelligence reshapes industries, including ours, and the boundaries between physical and digital realities blur.

She says due to these technological advancements, we are in an era where the line between fake and factual information and images becomes increasingly obscured, and the very essence of evidentiary certainty can be under threat.

The Minister says it presents both remarkable opportunities and formidable challenges for our legal system.

Tabuya also reminded participants that the technology enhancing access to justice brings new dimensions to the nature of crimes prevalent in our society.

She says these include cybercrimes, online sexual harassment and exploitation, tech-facilitated gender-based violence, bullying, child sexual exploitation, and digital fraud and all of these pose unprecedented challenges, especially when the anonymity offered by the digital world can embolden wrongdoers and complicate law enforcement efforts.

While reminding participants that circulating explicit material is a crime, Tabuya cited a recent example of a man in Fiji who was jailed for two years because he circulated explicit material of the victim online, a Fijian citizen in Australia.

She says the cooperation between the Australian Federal Police and the Fiji Police Force allowed the AFP to obtain evidence from Facebook, Google, X, and Instagram, powers that are currently not available to the Fiji Police Force.

Tabuya says the law must be strengthened so that the Fiji Police have these powers.

She stated that it is imperative for the law and its regulatory frameworks to evolve to effectively address emerging digital threats while safeguarding fundamental freedoms and democracy.

The Minister adds that for this to happen, it requires all stakeholders to strike a delicate balance between security, safety, and privacy.