Dialogue Fiji has expressed serious concern over the increasing use of Section 24 of the Online Safety Act 2018, warning that recent investigations and charges under the provision could signal a growing threat to free speech in the country.
Executive Director of Dialogue Fiji, Nilesh Lal, said several individuals had been investigated or charged under the controversial “causing harm by electronic communication” offence in just the past few weeks.
“When this Act was introduced in 2018, strong objections were raised across the political spectrum and by civil society,” Mr Lal said.
“Opposition parties, human rights advocates, youth groups, and legal experts all warned that the ‘causing harm’ offence was dangerously vague, poorly defined, and open to abuse.”
The provision defines “harm” as “serious emotional distress” and does not provide clear legal guidance on its interpretation, raising fears about misuse.
At the time of its passage, rights groups labelled it a potential “Trojan horse” for censorship, while critics argued it could be weaponised to suppress dissent and silence critics of those in power.
“It is important to remember that when this Act was enacted in May 2018, only FijiFirst MPs voted for it, while every opposition member voted against it,” Mr Lal pointed out. “
The Hansard record is clear. The opposition then was united in declaring that this provision undermined democracy and threatened human rights.”
However, with a change in government following the 2022 elections, Mr Lal said many of those same opposition MPs who once condemned the law now hold leadership positions, but have not taken steps to reform it.
“Ironically, many of those same opposition MPs are now in government. Yet they have not moved to reform this law or address the very concerns they themselves raised.”
“On the contrary, we are witnessing an increase in the use of this provision to investigate or prosecute people,” he said.
Dialogue Fiji is calling for urgent reform of the Online Safety Act to ensure it is not used as a tool of political retribution.
“We need to clearly define what constitutes harm, and we must build in safeguards to prevent this law from being used as a tool of political retribution.”
“Fiji needs online safety laws that genuinely protect people from abuse, harassment, and exploitation, without chilling free speech or undermining democratic freedoms.”
“What was true in 2018 about this controversial legislative provision, as articulated by many of today’s government ministers, continues to hold true today.”
