If the Online Safety Commission is not proactive, then what's the use of this platform?
This was the question asked by Opposition MP Ketan Lal after Commissioner of the Online Safety Commission Filipe Batiwale said they need the party to make a complaint to them as the law requires that a complaint needs to be lodged for them to investigate and take action, following a post from Lal about online racism.
Batiwale had said that they are empowered to receive complaints from everyone, and as such, they have yet to receive any complaint from Lal on this issue.
He told fijivillage News that they do not have patrolling functions or duties at the moment with their Online Safety Act, however, they condemn such behaviour, and such harmful dissemination of racist attacks.
While speaking to fijivillage News, Lal says if the Commission really wants a written complaint, he will send them an email to the office.
He says the evidence is already there on social media, and when he posts about racism, he makes sure that he posts the comments that have been posted around by Facebook users.
Lal says FijiFirst created the Online Safety Commission, and if there are laws which are outdated or if there are laws which they need to change, they need to work with the Minister responsible to get these laws up to Parliament and the Opposition will support it.
He says he does not like excuses things cannot be done because it is not in their jurisdiction.
While responding to this, Commissioner of the Online Safety Commission Filipe Batiwale says the Commission operates as an independent statutory body, and their mandate is determined by the Online Safety Act 2018, a legislation that was enacted in 2018 and remains the governing framework for how we respond to online harm.
Batiwale says the Commission does not currently have proactive or monitoring powers under the law, and this is not a matter of unwillingness, but is a matter of legal authority.
He says the law, as it stands, requires that a formal complaint be lodged by a person who has been harmed or affected before the Commission can investigate and take action.
He adds that while the Commission respects the Opposition MP’s concern, it is misleading to suggest the Commission is inactive.
Batiwale says on the contrary, they act within their powers, and they do so with fairness, diligence, and independence, and what they cannot do is overreach or operate outside the law.
He says the Commission acknowledge that there are clear limitations in the current legal framework, and they have publicly stated that legislative reform is a priority for the Commission.
Batiwale says they recognise the need to modernise and expand the law so it is fit for purpose in today’s online environment, but reform, especially when done properly, takes time, and must involve public consultation.
He says good law reflects public values, cultural context, and the lived realities of our people.
He further says that they are committed to strengthening the tools available to us, and to building a safer, more accountable online space in Fiji.
Batiwale says until that reform is complete, the OSC will continue to serve all members of the public who submit a complaint, regardless of their background, status, or political affiliation, with the integrity and professionalism the Fijian people expect of the Commission.
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