One of the biggest legal hurdles in tackling online abuse is tracking the source of explicit content, especially when it is shared anonymously or through encrypted platforms.
Online Safety Commissioner Filipe Batiwale made these comments in response to questions from The Fiji Times on Fiji’s pornography laws and support for victims of image-based abuse.
“Gathering digital evidence that meets legal standards is another major challenge,” Mr Batiwale said.
According to the Online Safety Commission (OSC), 195 cases of image-based abuse were reported between January 1 and December 31, 2024.
Since the beginning of this year, the commission has already received 42 complaints, with the majority involving the non-consensual sharing of intimate images – commonly referred to as revenge pornography.
“Many of these cases involve the unauthorised circulation of explicit content that, by definition, is considered pornographic under our existing laws.
“While all cases involve some form of image-based abuse, a substantial proportion have been flagged specifically for their pornographic nature.”
The commission is reinforcing that pornography is illegal in Fiji and urging victims of image-based abuse to seek help without fear.
Under Section 377 of the Crimes Act 2009, it is a criminal offence to possess, produce, distribute, or exhibit obscene materials, including pornography.
“Offenders face penalties of up to five years’ imprisonment, a $4000 fine, or both.
“The commission remains committed to enforcing Fiji’s pornography laws while ensuring victims of image-based abuse receive the support they need.”
He added that the OSC was working to address these issues through awareness campaigns and community outreach.
“We encourage open conversations to destigmatise reporting and ensure survivors know they have support,” he said.
“Strengthening collaborative efforts between law enforcement, legal professionals, and the OSC also enhances our ability to prosecute offenders effectively.”
He urged anyone who has been affected by online abuse to come forward and report cases through its confidential channels.
