[Photo: File]

Fiji has taken an important step towards strengthening its legal response to online harms following a comprehensive review of the Online Safety Act 2018.

Attorney-General Sevuloni Valenitabua yesterday received the Final Report, three draft Online Safety Bills, and draft Cabinet papers from the Fiji Law Reform Commission, marking the beginning of legislative consideration.

The review examined Fiji’s existing legal framework against evolving digital challenges, drawing on legislative approaches in Australia, New Zealand, and the United Kingdom to identify areas for modernisation.

Review Commissioner David Solvalu says that unlike jurisdictions with stronger civil enforcement powers, Fiji’s current framework relies heavily on formal complaints and criminal prosecution.

He explained that complaints are not always forthcoming, and complainants are often reluctant to provide evidence and complete formal requirements, which hinders enforcement and limits responses to harmful online material.

Solvalu says the review therefore identified the need to give the Online Safety Commissioner stronger civil enforcement powers, including seeking the removal of harmful material through legal mechanisms.

However, he stresses that stronger enforcement must go hand in hand with protecting constitutional rights.

The review also identified gaps in safeguards under the 2018 Act for public-interest material, including journalism and legitimate expression.

Solvalu said any expanded powers must include clear limits to protect freedom of expression, the press, journalism, and academic freedom, acknowledging that balancing these competing interests is complex.

Valenitabua said the Final Report and three draft Bills will now be examined with Cabinet colleagues – particularly the Ministry of Policing and Communications and the legislative drafting team- with further stakeholder engagement undertaken where necessary.