King Tupou VI has signed Tonga’s new cyber bullying bill, known officially as the Electronic Communication Abuse Offences Act.
It is now an offence to abuse, harass or otherwise harm another using electronic communication.
An offender could be fined not exceeding $10,000, or imprisonment not exceeding three years, or both.
A person that is convicted of any repeated serious offence under this Act will be liable to a fine not exceeding $20,000 or to imprisonment for a term not exceeding five years, or to both.
Service providers
Under the government’s bill a service provider must prevent communications networks and facilities from being used in, or in relation to, the commission of offences in this Act.
A service provider must assist Tonga Police in inquiries regarding this Act.
A service provider who fails, without reasonable excuse, to comply commits an offence punishable to a fine not exceeding $20,000.
Disabling order
Under the law a victim can apply for a court order to remove any information they deemed causing them any harm if the court is satisfied the respondent, service provider or relevant person or party has sent, or caused the electronic communication to be published.
The king signed the bill into law on February 25 after it was passed by the Legislative Assembly on 10 December 2020.
