Online Safety Commissioner Filipe Batiwale believes one of the biggest legal hurdles in tackling online abuse is tracking the source of explicit content. He said it is especially tough when it is shared anonymously or through encrypted platforms.
He was responding to questions on Fiji’s pornography laws and support for victims of image-based abuse.
Gathering digital evidence that meets legal standards, he said, is another major challenge.
The Online Safety Commission (OSC) said there were 195 cases of image-based abuse reported between January 1 and December 31, 2024.
This year, the commission has already received 42 complaints, the majority being the non-consensual sharing of intimate images. We are talking about revenge pornography!
What we have here is a major concern, and it is unfortunate that this is happening in the first place.
Many of the highlighted cases involve the unauthorised circulation of explicit content that, by definition, is considered pornographic under our laws.
While the commission is reinforcing that pornography is illegal in Fiji and is urging victims of image-based abuse to seek help without fear, we urge vigilance.
Let’s be mindful of what we upload onto mobile phones for starters. Let’s be mindful of what we share! And let’s be mindful of the negative impact of personal pictures falling into the wrong hands.
We learn that under Section 377 of the Crimes Act 2009, it is a criminal offence to possess, produce, distribute, or exhibit obscene materials, including pornography.
And the big one, offenders face penalties of up to five years’ imprisonment, a $4000 fine, or both.
It is encouraging to know that the OSC is working to address these issues through awareness campaigns and community outreach.
We can only hope the fine and jail term will serve as a deterrent.
The onus though is still on us as individuals to be mindful of access to personal pictures. That means being responsible.
Let’s remind ourselves that once something is shared online, we basically lose control over who can access it! That includes it falling into the wrong hands.
Now this is where things can get dirty and embarrassing for those impacted.
Let’s consider that sometimes explicit content is shared innocently by friends or among intimate partners which can than get out of control.
Despite the many challenges before us, there is hope of better things.
So let’s push for stronger laws and increased public awareness. Let’s fight to reduce online abuse.
We need to be engaged. We need to be accountable for our actions and we need to act responsibly. And we can all hope for empathy, and for respect! Let’s be mindful of the consequences of our online habits and actions!
