PNG’s new Cybercrime law – what to watch out for

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    The much talked about Cybercrime Code Bill 2016 was passed by Parliament on 11 August 2016.

    The legislation deals with a wide variety of conduct through the use of electronic systems and devices.  Below is a general summary of the conduct that is likely to fall foul of this new law.

    Please note that this is a very brief summary intended to give the laymen an idea of what kind of conduct that could be a potential contravention of the Act.  You will need to seek specific legal advice on the law.

    A person who intentionally, without lawful excuse or justification or in excess of lawful excuse or justification that does the following may breach the law:

    1. Unauthorised access or hacking
    2. Illegal interception of electronic systems
    3. Data interference
    4. System interference
    5. Data espionage
    6. Illegally remaining in an electronic device or system – as in logged in
    7. Electronic fraud
    8. Electronic forgery
    9. Identity theft
    10. Design, produce, sell, procure, import, distribute a system or device intended to commit any of the above
    11. Pornography – produce, make available, distribute, procure
    12. Child pornography
    13. Online grooming of a child – using an electronic device to persuade, induce, befriend a child to sexual intercourse, obscene performance
    14. Offensive publication that grossly offends against accepted standards of public decency
    15. Animal pornography
    16. Defamatory publication of another person
    17. Spam – to mislead, deceive users
    18. Online money laundering
    19. Cyber bullying
    20. Cyber harassment
    21. Unlawful disclosure of classified communication
    22. Cyber unrest
    23. Cyber extortion
    24. Copyright, trademark and patent infringement
    25. Cyber attack – mainly malware in electronic system

    In short, most of the activities mentioned in the legislation are understandable and it is also a matter of using common sense.

    Consult a lawyer to get proper legal advice that is relevant to your circumstances.  As with any law, there are bound to be grey areas or ambiguity.

    Use your common sense and respect other online users!

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