Yearly Archive July 9, 2024

In the digital age, protecting intellectual property, including patents and industrial designs, is critical for fostering innovation and creativity. The Cybercrime Code Act 2016 (No 35 of 2016) of Papua New Guinea addresses various cyber offences, including the infringement of patents and industrial designs. Section 30 of this Act provides detailed provisions on the unlawful use of electronic systems or devices to infringe on patents and industrial designs.

What Constitutes Patent and Industrial Designs Infringement?

Section 30 of the Cybercrime Code Act 2016 (No 35 of 2016) defines patent and industrial designs infringement as the intentional and unauthorized use of an electronic system or device to commit acts that contravene the Patents and Industrial Designs Act 2000 or other related laws. This includes any act or omission that violates the protected rights of patent holders or creators of industrial designs.

Key Actions Constituting Patent and Industrial Designs Infringement

Infringement includes:

1. Unauthorized Use of Patents: Using patented inventions without permission.
2. Unauthorized Use of Industrial Designs: Using protected industrial designs without authorization.
3. Committing Acts that Violate Intellectual Property Laws: Engaging in activities that contravene the Patents and Industrial Designs Act 2000.

Examples

Patent and industrial design infringement involves the unauthorized use of patented inventions or registered designs. Here are two examples:

Copying a Patented Technology: A tech startup develops and sells a new smartphone that incorporates a patented wireless charging technology without obtaining a license from the patent holder. This unauthorized use of the patented technology allows the startup to compete unfairly in the market and can result in significant legal consequences. Such actions constitute patent infringement and are punishable under laws like the Cybercrime Code Act 2016.

Imitating a Registered Design: A furniture manufacturer produces and sells chairs that replicate the unique design features of a popular, registered designer chair without permission. This imitation can mislead consumers and undermine the original designer’s market share. Infringing on a registered industrial design is a serious offence and can lead to legal action and penalties under the Cybercrime Code Act 2016.

Penalties for Patent and Industrial Designs Infringement

The Act imposes severe penalties for those found guilty of patent and industrial designs infringement. For Natural Persons:

1. Imprisonment for a term not exceeding 15 years.
2. A fine not exceeding K100,000.00.
3. Prohibition from accessing and using ICTs or electronic systems for the term of imprisonment imposed plus an additional two years.
4. Any combination of the above penalties.

The penalty for bodies corporate is a fine not exceeding K1,000,000.00.

Implications of Patent and Industrial Designs Infringement

The stringent penalties outlined in Section 30 highlight the seriousness with which Papua New Guinea treats the infringement of patents and industrial designs. Such activities can lead to significant financial losses for inventors and designers, hinder innovation, and damage the integrity of intellectual property systems. The legislation aims to deter such infringements by imposing heavy fines and long prison terms for offenders.

Preventing Patent and Industrial Designs Infringement

Given the severe penalties and potential impacts of infringing patents and industrial designs, it is crucial to adopt comprehensive measures to prevent such activities. Here are some strategies:

1. Implement strong intellectual property policies: Ensure compliance with intellectual property laws and protect patents and designs.
2. Educate users and businesses: Provide education and awareness programs about the legal and ethical implications of intellectual property infringement.
3. Monitor online activities: Regularly monitor online platforms for signs of unauthorized use of patented inventions and industrial designs.
4. Enforce intellectual property protection: Take legal action against those who infringe upon patents and industrial designs and support efforts to remove unauthorized content.

Conclusion

Section 30 of the Cybercrime Code Act 2016 (No 35 of 2016) underscores the importance of preventing the infringement of patents and industrial designs in Papua New Guinea. By understanding the legal implications and implementing robust preventive measures, individuals and organizations can better protect themselves and others from the harmful effects of intellectual property infringement.

Read more similar article here.

In the digital age, the unauthorized use of trademarks has become a prevalent issue, impacting businesses and consumers alike. The Cybercrime Code Act 2016  of Papua New Guinea addresses various cyber offences, including online trademark infringement. Section 29 of this Act provides detailed provisions on the unlawful use of electronic systems or devices to infringe on trademarks.

What Constitutes Online Trademark Infringement?

Section 29 of the Cybercrime Code Act 2016 defines online trademark infringement as the intentional and unauthorized use of an electronic system or device to sell or expose for sale goods or services with a forged registered trademark, in violation of the Trademarks Act (Chapter 385) or other related trademark laws.

Key Actions Constituting Online Trademark Infringement

Online trademark infringement includes:

1. Selling Goods or Services: Selling items that falsely bear a registered trademark.
2. Exposing Goods or Services for Sale: Displaying items for sale that falsely bear a registered trademark.

Penalties

The Act imposes severe penalties for those found guilty of online trademark infringement: For Natural Persons:

1. Imprisonment for a term not exceeding 15 years.
2. A fine not exceeding K100,000.00.
3. Prohibition from accessing and using ICTs or electronic systems for the term of imprisonment imposed plus an additional two years.
4. Any combination of the above penalties.

The penalty for bodies corporate is a fine not exceeding K1, 000, 000.00.  

Examples

Online trademark infringement involves the unauthorized use of a trademark in a way that causes confusion about the source of goods or services. Here are two examples:

Selling Counterfeit Products on E-Commerce Platforms: An online seller lists products on an e-commerce platform, falsely using a well-known brand’s trademark to market and sell counterfeit goods. For instance, they might sell fake designer handbags with the brand’s logo, misleading customers into believing they are purchasing authentic items. This form of trademark infringement damages the brand’s reputation and can lead to significant legal consequences under laws like the Cybercrime Code Act 2016.

Domain Name Squatting: An individual registers a domain name that is confusingly similar to a well-known trademark, intending to attract web traffic for commercial gain. For example, they might register “amaz0n.com” instead of “amazon.com” to deceive users into visiting their site, where they sell unrelated or inferior products. This practice, known as cybersquatting, is a form of online trademark infringement and can result in legal action and penalties.

Implications of Online Trademark Infringement

The stringent penalties outlined in Section 29 highlight the seriousness with which Papua New Guinea treats online trademark infringement. Such activities can lead to significant financial losses for legitimate businesses, damage to brand reputation, and potential harm to consumers. The legislation aims to deter trademark infringement by imposing heavy fines and long prison terms for offenders.

Prevention

Given the severe penalties and potential impacts of online trademark infringement, it is crucial to adopt comprehensive measures to prevent such activities. Here are some strategies:

1. Implement strong trademark policies: Ensure that all goods and services sold or displayed comply with trademark laws.
2. Educate users and businesses: Provide education and awareness programs about the legal and ethical implications of trademark infringement.
3. Monitor online activities: Regularly monitor online platforms for signs of unauthorized use or sale of trademarked goods or services.
4. Enforce trademark protection: Take legal action against those who infringe upon trademark laws and support efforts to remove unauthorized content.

Conclusion

Section 29 of the Cybercrime Code Act 2016 underscores the importance of preventing online trademark infringement in Papua New Guinea. By understanding the legal implications and implementing robust preventive measures, individuals and organizations can better protect themselves and others from the harmful effects of trademark infringement.

Read more similar article here.

In the digital age, the unauthorized use and distribution of copyrighted material have become significant issues. The Cybercrime Code Act 2016 (No 35 of 2016) of Papua New Guinea addresses various cyber offences, including online copyright infringement. Section 28 of this Act provides detailed provisions on the unlawful use of electronic systems or devices to infringe upon copyright protected materials.

What Constitutes Online Copyright Infringement?

Section 28 of the Cybercrime Code Act 2016 defines online copyright infringement as the intentional and unauthorized use of an electronic system or device to repeatedly infringe, authorize the infringement of, or facilitate the infringement of copyright protected rights under the Copyright and Neighboring Rights Act 2000 or other relevant copyright laws.

Key Actions Constituting Online Copyright Infringement

Online copyright infringement includes:

1. Infringing Copyright: Directly violating copyright laws by using or distributing protected material without authorization.
2. Authorizing Infringement: Allowing or enabling others to infringe copyright laws.
3. Facilitating or Enabling Infringement: Assisting in the infringement of copyright, such as providing platforms or tools for unauthorized distribution.

Examples

Online copyright infringement involves the unauthorized use or distribution of copyrighted material over the internet. Here are two examples:

Illegal Music Download Sites: A website offers free downloads of popular songs and albums without obtaining the necessary permissions from the artists or record labels. Users can easily access and download copyrighted music files without paying for them, depriving the creators and rights holders of their rightful earnings. Such activities constitute online copyright infringement and are punishable under laws like the Cybercrime Code Act 2016.

Pirated Movies and TV Shows: An individual sets up a streaming service that provides access to the latest movies and TV shows without authorization from the production studios. Subscribers can watch high-quality pirated content for a fraction of the cost of legal streaming platforms. This illegal distribution of copyrighted material is a clear example of online copyright infringement and can result in severe penalties for those involved.

Penalties

The Act imposes severe penalties for those found guilty of online copyright infringement. The penalties for natural persons are:

1. Imprisonment for a term not exceeding 15 years.  
2. A fine not exceeding K100,000.00.
3. Prohibition from accessing and using ICTs or electronic systems for the term of imprisonment imposed plus an additional two years.
4. Any combination of the above penalties.

The penalty for bodies corporate is a fine not exceeding K1,000,000.00.

Implications of Online Copyright Infringement

The stringent penalties outlined in Section 28 highlight the seriousness with which Papua New Guinea treats online copyright infringement. Such activities can lead to significant financial losses for content creators and copyright holders and can undermine the integrity of creative industries. The legislation aims to deter copyright infringement by imposing heavy fines and long prison terms for offenders.

Prevention

Given the severe penalties and potential impacts of online copyright infringement, it is crucial to adopt comprehensive measures to prevent such activities. Here are some strategies:

1. Implement strong copyright policies: Ensure that all content shared on electronic systems complies with copyright laws.
2. Educate users: Provide education and awareness programs about the legal and ethical implications of copyright infringement.
3. Monitor online activities: Regularly monitor systems for signs of unauthorized use or distribution of copyrighted material.
4. Enforce copyright protection: Take legal action against those who infringe upon copyright laws and support efforts to remove unauthorized content.

Conclusion

Section 28 of the Cybercrime Code Act 2016 underscores the importance of preventing online copyright infringement in Papua New Guinea. By understanding the legal implications and implementing robust preventive measures, individuals and organizations can better protect themselves and others from the harmful effects of copyright infringement.

Read more similar article here.

In the digital era, the ease of sharing information online can lead to serious consequences, including defamation. The Cybercrime Code Act 2016 (No 35 of 2016) of Papua New Guinea addresses various cyber offences, including content related offences such as defamatory publication. Section 21 of this Act provides detailed provisions on the unlawful publication of defamatory material through electronic systems or devices.

What Constitutes Defamatory Publication?

Section 21 of the Cybercrime Code Act 2016 defines defamatory publication as using an electronic system or device to make publicly available material that injures a person’s reputation, profession, or trade, or induces others to shun, avoid, ridicule, or despise that person. Defamatory material can include electronic writings, images, audio, visual, or audiovisual recordings.

Key Definitions

Some key definition relating to this offence are as follows:

1. Publication: Making defamatory material publicly available to persons other than the defamed individual.
2. Defamatory Material: Any imputation, whether directly expressed or implied, that injures a person’s reputation, profession, or trade, or induces others to avoid or ridicule the person.

Understanding Defamatory Publication: Two Real-World Examples

Defamatory publication involves the intentional or reckless spread of false information that harms another person’s reputation. Here are two examples:

False Accusations on social media: An individual posts a series of false accusations on social media, claiming that a local business owner is involved in illegal activities. These baseless claims spread rapidly, damaging the business owner’s reputation and causing a significant loss of customers and revenue. Such defamatory publications can lead to severe legal consequences.

Malicious Blog Posts: A disgruntled former employee writes a blog post falsely alleging that their ex-employer engages in unethical business practices and mistreats employees. This post is shared widely, leading to public outrage and harm to the company’s image. Publishing defamatory material with the intent to harm someone’s reputation is a serious offence and is punishable by law, as outlined in the Cybercrime Code Act 2016.

Penalties for Defamatory Publication

The penalties for defamation are severe and reflect the serious nature of the offence. For Natural Persons:

1. Fine: Up to K25,000.00.
2. Imprisonment: Up to 15 years.
3. Combined Penalty: Both fine and imprisonment can be imposed together.

The penalty for bodies corporate is a fine up to K100,000.00. These penalties aim to deter individuals and organizations from engaging in defamatory practices and ensure accountability for harming others’ reputations.

Severe Penalties for Knowingly Publishing False Defamatory Material

The Cybercrime Code Act 2016 outlines even harsher penalties for individuals or entities that knowingly publish false defamatory material. This provision aims to protect individuals from deliberate attempts to harm their reputation through false information. A person commits a crime if they intentionally, without lawful excuse or justification, or recklessly use an electronic system or device to publish defamatory material knowing that the information is false.

The penalties for knowingly publishing false defamatory material are severe. For Natural Persons:

1. Fine: Up to K50,000.00.
2. Imprisonment: Up to 25 years.
3. Combined Penalty: Both fine and imprisonment can be imposed together.

The penalty for bodies corporate is a fine up to K500, 000.00. These stringent penalties underscore the serious nature of deliberately spreading false information and the importance of protecting individuals’ reputations from malicious attacks.

Severe Penalties for Extortion through Defamatory Material

The Cybercrime Code Act 2016 imposes stringent penalties on individuals or entities that use defamatory material for extortion. This provision targets those who exploit defamatory threats to gain property or benefits. A person commits a crime if they intentionally, without lawful excuse or justification, or recklessly use an electronic system or device to publish, threaten to publish, or offer to prevent the publication of defamatory material:

1. For the Purpose of Extorting: From another person.
2. To Induce a Person to Give or Confer Any Property or Benefit: This includes procuring or attempting to procure property or benefits.

The penalties for using defamatory material for extortion are severe. For natural persons:

1. Fine: Up to K100,000.00.
2. Imprisonment: Up to 25 years.
3. Combined Penalty: Both fine and imprisonment can be imposed together.

The penalty for bodies corporate is a fine is to K1, 000, 000.00. These severe penalties reflect the serious nature of using defamatory threats for personal gain and aim to protect individuals and organizations from such malicious practices.

Defences Against Charges

Section 21 outlines several defences against charges of defamatory publication, including:

1. Truth: If the defamatory material was true.
2. Public Benefit: If the publication was for the public benefit.
3. Fair Comment: If the publication constituted a fair comment.
4. Good Faith: If the publication was made in good faith.

However, the defence of truth is not available if the defamatory publication involves electronic writings, images, audio, visual, or audiovisual recordings of a sexual nature.

Special Considerations

Burden of Proof: If the defence of good faith is raised, the burden of proof shifts to the party alleging the absence of good faith.

Public Interest: Provisions of Section 362E of the Criminal Code Act (Chapter 262), relating to the protection of matters of public interest, apply, including online discussion forums.

Implications of Defamatory Publication

The stringent penalties outlined in Section 21 highlight the seriousness with which Papua New Guinea treats defamatory publication. Such activities can lead to significant personal and professional harm, as well as legal consequences for the offenders. The legislation aims to deter the publication of defamatory material by imposing heavy fines and long prison terms.

Preventing Defamatory Publication

Given the severe penalties and potential impacts of defamatory publication, it is crucial to adopt comprehensive measures to prevent such activities. Here are some strategies:

1. Implement strong content review policies: Ensure that content shared on electronic systems is reviewed for potential defamatory material.
2. Educate users: Provide education and awareness programs about the legal and moral implications of publishing defamatory content.
3. Monitor and audit systems: Regularly monitor electronic systems for signs of defamatory material and conduct periodic audits.
4. Support law enforcement: Cooperate with law enforcement agencies to identify and prosecute offenders involved in defamatory publication activities.

Conclusion

Section 21 of the Cybercrime Code Act 2016 underscores the importance of preventing the unlawful publication of defamatory material through electronic means in Papua New Guinea. By understanding the legal implications and implementing robust preventive measures, individuals and organizations can better safeguard themselves against engaging in or facilitating such offences.

Read more similar article here.

In the increasingly digital world, cyber attack pose significant threats to individuals, businesses, and critical infrastructure. The Cybercrime Code Act 2016 (No 35 of 2016) of Papua New Guinea addresses various cyber offences, including cyber attacks. Section 27 of this Act provides detailed provisions on the unlawful deployment of malicious software aimed at harming electronic systems, data, and infrastructure.

What Constitutes a Cyber Attack?

Section 27 of the Cybercrime Code Act 2016 defines a cyber attack as the intentional and unauthorized input or deployment of malicious software into an electronic system, device, data, infrastructure, or program. The goal of such attacks is to alter, harm, disrupt, degrade, or destroy these electronic systems or their components.

Key Actions Constituting Cyber Attacks

Cyber attacks include:

1. Inputting Malicious Software: Introducing harmful software into an electronic system.
2. Deploying Malicious Software: Activating harmful software within an electronic system.
3. Targeting Data and Infrastructure: Aiming to alter, disrupt, or destroy data or infrastructure within an electronic system.

Penalties for Cyber Attack

The penalties for cyber attacks are severe to deter such malicious activities. The penalties for natural persons are:

1. Imprisonment: Up to 15 years.
2. Fine: Up to K50,000.00.
3. Prohibition: From accessing and using ICTs or electronic systems for the term of imprisonment imposed plus an additional two years.
4. Combined Penalty: Any combination of imprisonment, fine, and prohibition can be imposed.

The penalty for bodies corporate is a fine up to K500,000.00. These stringent penalties reflect the serious nature of cyber attacks and the need to protect electronic systems and data from malicious activities.

Severe Penalties for Cyber Attacks on Critical Infrastructure

The Cybercrime Code Act 2016 imposes even harsher penalties for cyber attacks targeting critical infrastructure. In the context of the Cybercrime Code Act 2016, “critical infrastructure” refers to the essential facilities, services, and installations required for the functioning of a community, society, or government. This includes transportation, communication systems, water supply, electricity supply, banking services, public institutions such as health facilities, post offices, and education facilities. Essentially, critical infrastructure encompasses all the vital systems and services that support everyday life and governance.

Cyber attacks threaten essential services and can have widespread, devastating impacts. A person commits a crime if they intentionally, without lawful excuse or justification, or in excess of a lawful excuse, use an electronic system or device to:

1. Input or Deploy Malicious Software: Into critical infrastructure. This includes any actions aimed at:
2. Altering or Causing Harm: To critical systems or data.
3. Disrupting, Degrading, or Destroying: The functionality of critical infrastructure.

The penalties for cyber attacks on critical infrastructure are extremely severe. The penalties for natural persons are:

1. Imprisonment: Up to 25 years.
2. Fine: Up to K100,000.00.
3. Prohibition: From accessing and using ICTs or electronic systems for the term of imprisonment imposed plus an additional two years.
4. Combined Penalty: Any combination of imprisonment, fine, and prohibition can be imposed.

The penalty for bodies corporate is a fine up to K1,000,000.00. These stringent penalties underscore the importance of protecting critical infrastructure from cyber threats and ensuring severe consequences for those who engage in such malicious activities.

Examples

Cyber attacks involve malicious activities targeting electronic systems, data, or infrastructure to cause harm, disruption, or theft. Here are two examples:

Distributed Denial of Service (DDoS) Attack: In a DDoS attack, cybercriminals flood a website or online service with an overwhelming amount of traffic, causing it to crash or become inaccessible. This type of attack disrupts business operations, prevents users from accessing services, and can lead to significant financial losses. For instance, an online retailer might experience a DDoS attack during a peak shopping season, causing downtime and loss of sales.

Ransomware Infection: Ransomware is a type of malicious software that encrypts a victim’s data, rendering it inaccessible until a ransom is paid. Cybercriminals often target organizations, demanding large sums of money in exchange for the decryption key. For example, a hospital’s IT system might be infected with ransomware, locking access to patient records and critical systems until the ransom is paid. Such attacks can disrupt essential services and pose serious risks to public safety.

Implications of Cyber Attack

The stringent penalties outlined in Section 27 highlight the seriousness with which Papua New Guinea treats cyber attacks. Such activities can lead to significant financial losses, disruptions to critical services, and breaches of personal and corporate data. The legislation aims to deter cyber attacks by imposing heavy fines and long prison terms for offenders.

Protecting Against Cyber Attack

Given the severe penalties and potential impacts of cyber attacks, it is crucial to adopt comprehensive measures to prevent such activities. Here are some strategies:

1. Implement robust cybersecurity protocols: Ensure that electronic systems are protected against unauthorized access and malicious software.
2. Regularly update and patch systems: Keep software and systems updated to protect against vulnerabilities.
3. Educate users: Provide education and awareness programs about the risks and implications of cyber attacks.
4. Monitor systems continuously: Regularly monitor electronic systems for signs of unauthorized activity or potential threats.
5. Develop incident response plans: Establish and maintain a plan to respond effectively to cyber attacks when they occur.

Conclusion

Section 27 of the Cybercrime Code Act 2016 underscores the importance of preventing cyber attacks in Papua New Guinea. By understanding the legal implications and implementing robust preventive measures, individuals and organizations can better protect themselves and others from the harmful effects of cyber attacks.

Read more similar article here.

In the digital age, cyber extortion has emerged as a significant threat, leveraging the power of technology to manipulate and exploit victims. The Cybercrime Code Act 2016 (No 35 of 2016) of Papua New Guinea addresses various cyber offences, including content related offences such as cyber extortion. Section 24 of this Act provides detailed provisions on the unlawful act of this offence using electronic systems or devices.

What Constitutes Cyber Extortion?

Section 24 of the Cybercrime Code Act 2016 defines cyber extortion as the intentional and unauthorized use of an electronic system or device to threaten or deploy software designed to disrupt or hinder operations, or to expose sensitive data, with the intent of procuring monetary or other benefits.

Key Actions Constituting Cyber Extortion

Cyber extortion includes:

1. Uploading or Threatening to Upload: Introducing or threatening to introduce disruptive software into an electronic system.
2. Deploying or Threatening to Deploy: Activating or threatening to activate software that hinders electronic systems.
3. Inputting or Threatening to Input: Entering or threatening to enter software that disrupts electronic systems.
4. Accusing or Threatening to Accuse: Using electronic means to accuse someone of a crime to procure benefits.
5. Exposing Sensitive Data: Threatening to expose confidential information for personal gain.

A person commits a crime if they intentionally, without lawful excuse or justification, or in excess of a lawful excuse, use an electronic system or device to commit these actions set out above. The purpose behind these actions must be to procure monetary or other benefits for themselves or another person.

Penalties for Cyber Extortion

The penalties for this offence are stringent, reflecting the serious nature of the offence. The penalties for natural persons are:

1. Fine: Up to K50,000.00.
2. Imprisonment: Up to 25 years.
3. Combined Penalty: Both fine and imprisonment can be imposed together.

The penalty for bodies corporate is a fine up to K500,000.00. These penalties aim to deter cyber extortion and protect the integrity of electronic systems and devices.

Understanding Cyber Extortion: Legal Consequences and Penalties

The Cybercrime Code Act 2016 imposes strict penalties on individuals who use electronic systems to extort others by threatening to expose sensitive information or falsely accuse someone of a crime. Here’s a breakdown of what constitutes this offence and the associated penalties. A person is guilty of a crime if they intentionally, without lawful excuse or justification, or in excess of a lawful excuse, use an electronic system or device to upload, deploy, input, or threaten to upload, deploy, or input electronic writings, images, audio, visual, or audiovisual recordings for the purpose of:

1. Accusing or Threatening to Accuse: Another person of committing an indictable offence or any other offence under this Act, the Criminal Code Act (Chapter 262), or any other law.
2. Exposing Sensitive Data: Compromising confidential information with the intent to procure monetary or other gain for themselves or another person.

The penalties for such offences are severe. The penalties for natural persons are:

1. Fine: Up to K100,000.00.
2. Imprisonment: Up to 25 years.
3. Combined Penalty: Both fine and imprisonment can be imposed together.

The penalties for bodies corporate isa fine up to K1,000,000.00. These stringent penalties reflect the serious nature of this offence and aim to protect individuals and organizations from such malicious activities.

Special Considerations

Immateriality of the Accusation’s Truth: It is irrelevant whether the person accused or threatened to be accused has actually committed the offence they are being accused of.

Examples

Cyber extortion involves using electronic means to threaten or harm individuals or organizations for monetary or other gains. Here are two examples:

Ransomware Attacks: A cybercriminal deploys ransomware onto a company’s computer network, encrypting all critical data. The attacker then demands a ransom payment in cryptocurrency in exchange for the decryption key needed to restore access to the data. This type of cyber extortion can cripple business operations and lead to significant financial losses if the ransom is paid.

Threatening to Expose Sensitive Information: An individual hacks into a social media influencer’s accounts and obtains sensitive private messages and photos. The hacker then threatens to release this information publicly unless the influencer pays a substantial sum of money. This form of cyber extortion not only targets the victim’s finances but also aims to damage their reputation and personal life. Such actions are considered serious crimes under the Cybercrime Code Act 2016.

Implications of Cyber Extortion

The stringent penalties outlined in Section 24 highlight the seriousness with which Papua New Guinea treats cyber extortion. Such activities can lead to significant financial losses, breaches of confidentiality, and emotional distress for victims. The legislation aims to deter cyber extortion by imposing heavy fines and long prison terms for offenders.

Prevention

Given the severe penalties and potential impacts of this offence, it is crucial to adopt comprehensive measures to prevent such activities. Here are some strategies:

1. Implement strong cybersecurity protocols: Ensure that electronic systems are protected against unauthorized access and disruption.
2. Educate users: Provide education and awareness programs about the risks and legal implications of cyber extortion.
3. Monitor systems: Regularly monitor electronic systems for signs of unauthorized activity or potential threats.
4. Support victims: Offer support and counseling services to victims of cyber extortion.

Conclusion

Section 24 of the Cybercrime Code Act 2016 underscores the importance of preventing cyber extortion in Papua New Guinea. By understanding the legal implications and implementing robust preventive measures, individuals and organizations can better protect themselves and others from the harmful effects of cyber extortion.

Read more similar article here.

The digital age has brought about significant changes in how we communicate, but it has also introduced new challenges, such as cyber harassment. The Cybercrime Code Act 2016 (No 35 of 2016) of Papua New Guinea addresses various cyber offences, including content related offences such as cyber harassment. Section 23 of this Act provides detailed provisions on the unlawful act of cyber harassment through electronic systems or devices.

What Constitutes Cyber Harassment?

Section 23 of the Cybercrime Code Act 2016 2016 defines cyber harassment as the intentional and unauthorized use of an electronic system or device, whether connected to the internet or not, to engage in communication, online discussion, or posts regarding another person for the purpose of coercing, intimidating, threatening, harassing, stalking, or causing emotional distress.

Key Actions Constituting Cyber Harassment

Cyber harassment include:

1. Initiating: Starting any communication or discussion aimed at harassing someone.
2. Facilitating: Enabling or assisting in the harassment activities.
3. Participating: Taking part in the harassment activities.

This includes using electronic writings, images, audio, visual, or audiovisual recordings to:

1. Coerce, Intimidate, Threaten, Harass, Stalk, or Cause Emotional Distress: Directly or indirectly causing harm to the person.
2. Support Harassing Acts: Repeatedly engaging in or supporting such behavior.

Penalties for Cyber Harassment

he penalties for cyber harassment are designed to reflect the severity of the offence. For child offenders (subject to the Juvenile Justice Act 2014), the penalties are:

1. Detention: Up to three years.
2. Prohibition: From accessing and using ICTs or electronic systems for the term of detention plus an additional two years.
3. Combined Penalty: Both detention and prohibition can be imposed together.

For adult offenders, the penalties are:

1. Imprisonment: Up to seven years.
2. Prohibition: From accessing and using ICTs or electronic systems for the term of imprisonment plus an additional two years.
3. Combined Penalty: Both imprisonment and prohibition can be imposed together.

These measures aim to deter cyber harassment and protect individuals from emotional and psychological harm.

Enhanced Penalties for Cyber Harassment Resulting in Harm

The Cybercrime Code Act 2016  imposes stricter penalties for cyber harassment that results in psychological harm or physical injury. This highlights the serious nature of such offences and the legal consequences for perpetrators. When cyber harassment results in psychological harm or physical injury to the victim, the offender is guilty of a crime. This escalates the severity of the offence and the corresponding penalties. The enhanced penalties reflect the increased severity of the harm caused.

The penalties for child offenders (subject to the Juvenile Justice Act 2014) are:

1. Detention: Up to five years.
2. Prohibition: From accessing and using ICTs or electronic systems for the term of detention plus an additional two years.
3. Combined Penalty: Both detention and prohibition can be imposed together.

The penalties for adult offenders are:

1. Imprisonment: Up to 10 years.
2. Prohibition: From accessing and using ICTs or electronic systems for the term of imprisonment plus an additional two years.
3. Combined Penalty: Both imprisonment and prohibition can be imposed together.

These measures aim to deter severe forms of cyber harassment and ensure justice for victims who suffer significant harm.

Severe Penalties for Cyber Harassment Resulting in Death

The Cybercrime Code Act 2016 prescribes the most severe penalties for cyber harassment that leads to the death of the victim. This underscores the gravity of the offence and the commitment to protecting individuals from extreme harm. When cyber harassment results in the death of the victim, the offender is guilty of a crime with severe consequences. The penalties for such an offence are the harshest available.

The penalties for child offenders (subject to the Juvenile Justice Act 2014 and Section 19 of the Criminal Code Act (Chapter 262) are:

1. Imprisonment for Life: The child offender will face life imprisonment.
2. Prohibition: From accessing and using ICTs or electronic systems for the term of detention imposed.

The penalties of for adult offenders (subject to Section 19 of the Criminal Code Act (Chapter 262)) are:

1. Imprisonment for Life: The adult offender will face life imprisonment.
2. Prohibition: From accessing and using ICTs or electronic devices for the term of imprisonment imposed.

These stringent penalties reflect the serious nature of cyber harassment that results in death and aim to provide justice for the victims and their families.

Legal Consequences for Posting Offensive Content Online

The Cybercrime Code Act 2016 outlines strict penalties for using electronic systems to post or facilitate offensive content. This includes content that is profane, obscene, vulgar, or grossly offensive to public decency standards. A person commits a crime if they intentionally, without lawful excuse or justification, or recklessly use an electronic system or device (whether or not it is connected to the internet) to:

1. Authorize, Facilitate, or Enable: The posting of offensive commentary.
2. Write, Post, or Effect: The distribution of vulgar, obscene, or profane content.
3. Entertain, Encourage, or Participate In: Sharing or engaging with such content.

The penalties vary based on whether the offender is a child, an adult, or a body corporate. The penalties for child offenders (subject to the Juvenile Justice Act 2014) are:

1. Detention: Up to three years.
2. Fine: Up to K5,000.00.
3. Prohibition: From accessing and using ICTs or electronic systems for the term of detention plus an additional two years.
4. Combined Penalty: Any combination of detention, fine, and prohibition can be imposed.

The penalties for adult offenders are:

1. Imprisonment: Up to 10 years.
2. Fine: Up to K15,000.00.
3. Prohibition: From accessing and using ICTs or electronic systems for the term of imprisonment plus an additional two years.
4. Combined Penalty: Any combination of imprisonment, fine, and prohibition can be imposed.

The penalty for bodies corporate is a fine up to K50,000.00.

These stringent penalties aim to maintain public decency and deter individuals from misusing electronic platforms to spread offensive content.

Examples

Cyber harassment involves using electronic means to coerce, intimidate, or threaten individuals. Here are two examples:

Repeated Unwanted Messages: An individual continuously sends unwanted and threatening emails to a former partner, despite being asked to stop. These messages include derogatory comments, threats of physical harm, and attempts to track the victim’s location. The relentless nature of these emails causes significant emotional distress and fear for the victim’s safety. Such actions are a form of cyber harassment and are punishable under the Cybercrime Code Act 2016.

Online Stalking and Doxxing: A person uses social media and other online platforms to stalk another individual, gathering and publicly sharing their personal information, such as home address, phone number, and workplace details. This invasion of privacy, known as doxxing, is often accompanied by harassment and threats, leading to severe emotional and psychological distress for the victim. Cyber harassment of this nature is considered a serious offence under the Cybercrime Code Act 2016.

Implications of Cyber Harassment

The stringent penalties outlined in Section 23 highlight the seriousness with which Papua New Guinea treats cyber harassment. Such activities can lead to significant emotional, psychological, and physical harm, and even death. The legislation aims to deter cyber harassment by imposing heavy fines and long prison terms for offenders.

Prevention

Given the severe penalties and potential impacts of cyber harassment, it is crucial to adopt comprehensive measures to prevent such activities. Here are some strategies:

1. Implement strong antiharassment policies: Schools and organizations should have clear policies against harassment and cyber harassment.
2. Educate users: Provide education and awareness programs about the legal and emotional implications of cyber harassment.
3. Monitor online activities: Parents, guardians, and educators should monitor online activities to detect signs of harassment.
4. Support victims: Offer support and counseling services to victims of cyber harassment.

Conclusion

Section 23 of the Cybercrime Code Act 2016 underscores the importance of preventing cyber harassment in Papua New Guinea. By understanding the legal implications and implementing robust preventive measures, individuals and organizations can better protect themselves and others from the harmful effects of cyber harassment.

Read more similar article here.

In the digital age, cyber bullying has become a prevalent issue, especially among children and teenagers. The Cybercrime Code Act 2016 (No 35 of 2016) of Papua New Guinea addresses various cyber offences, including content related offences such as cyberbullying. Section 22 of this Act provides detailed provisions on the unlawful act of cyberbullying through electronic systems or devices.

What Constitutes Cyber Bullying?

Section 22 of the Cybercrime Code Act 2016 defines cyber bullying as the intentional and unauthorized use of an electronic system or device, whether connected to the internet or not, to engage in any communication or online discussion or posts with or regarding a child, directly or indirectly, for the purpose of bullying, intimidating, threatening, demeaning, ridiculing, stalking, or causing emotional distress.

This includes using electronic writings, images, audio, visual, or audiovisual recordings to:

1. Bullying, Intimidating, Threatening, Demeaning, Ridiculing, or Stalking: Directly or indirectly causing emotional distress to the child.
2. Supporting Bullying Acts: Repeatedly engaging in or supporting such behavior.

Key Actions Constituting Cyber Bullying

Cyberbullying includes:

1. Initiating: Starting any communication or discussion aimed at bullying.
2. Facilitating: Enabling or assisting in the bullying activities.
3. Participating: Taking part in the bullying activities.

Penalties for Cyber Bullying

The Act imposes severe penalties for those found guilty of cyber bullying, with different penalties for child offenders and adult offenders, and harsher penalties for more severe outcomes.

The penalties for child offenders (subject to the Juvenile Act 2014) are:

1. Detention for a term not exceeding three years.
2. Prohibition from accessing and using ICTs or electronic systems for the term of detention imposed plus an additional two years.
3. Both detention and prohibition can be imposed together.

The penalties for adult offenders are:

1. Imprisonment for a term not exceeding seven years.
2. Prohibition from accessing and using ICTs or electronic systems for the term of imprisonment imposed plus an additional two years.
3. Both imprisonment and prohibition can be imposed together.

These measures aim to deter cyber bullying and protect children from emotional harm.

Severe Penalties for Cyber Bullying Resulting in psychological or physical harm

Cyber bullying, especially when it results in psychological or physical harm, is treated as a serious crime under the Cybercrime Code Act 2016. Here’s what you need to know about the legal consequences and penalties.

When cyber bullying causes psychological or physical harm, the offender is guilty of a crime. This applies regardless of whether the bully is a child or an adult. The penalties reflect the severity of the harm caused by cyber bullying.

The penalties for child offenders (subject to the Juvenile Justice Act 2014) are:

1. Detention: Up to five years.
2. Prohibition: From accessing and using ICTs or electronic systems for the term of detention plus an additional two years.
3. Combined Penalty: Both detention and prohibition can be imposed together.

The penalties for adult offenders are:

1. Imprisonment: Up to 25 years.
2. Prohibition: From accessing and using ICTs or electronic systems for the term of imprisonment plus an additional two years.
3. Combined Penalty: Both imprisonment and prohibition can be imposed together.

These stringent penalties underscore the serious nature of cyber bullying and aim to protect victims from lasting harm.

Severe Penalties for Cyber Bullying Resulting in Death

The Cybercrime Code Act 2016 imposes the harshest penalties for cyber bullying that results in the death of the victim. This underscores the gravity of the offence and the commitment to safeguarding individuals from severe harm. When cyber bullying leads to the death of the victim, the offender is guilty of a crime with severe consequences. The penalties are extremely stringent to reflect the seriousness of the offence:

The penalties for child offenders (subject to the Juvenile Justice Act 2014 and Section 19 of the Criminal Code Act (Chapter 262)) are:

1. Imprisonment for Life: The child offender will face life imprisonment.
2. Prohibition: From accessing and using ICTs or electronic systems for the term of imprisonment imposed.

The penalties for adult offenders (subject to Section 19 of the Criminal Code Act (Chapter 262)) are:

1. Imprisonment for Life: The adult offender will face life imprisonment.
2. Prohibition: From accessing and using ICTs or electronic systems for the term of imprisonment imposed.

These penalties are designed to deter the most severe cases of cyber bullying and ensure justice for the victims and their families.

Examples

Cyber bullying involves using electronic means to harass, intimidate, or harm individuals. Here are two examples:

Social Media Harassment: A teenager posts derogatory and offensive comments on a classmate’s social media profiles, spreading rumors and making fun of their appearance. The relentless online attacks lead to severe emotional distress for the victim, affecting their self-esteem and mental health. Such actions are a form of cyber bullying and are punishable under the Cybercrime Code Act 2016.

Group Chat Intimidation: In a group chat, several students gang up on one peer, sending threatening messages and sharing humiliating photos. They continuously mock and exclude the victim, creating a hostile online environment. This coordinated effort to harass and demean someone through digital platforms constitutes cyber bullying and can have long-lasting psychological effects on the victim. The Cybercrime Code Act 2016 addresses such behavior with strict penalties.

Implications of Cyber Bullying

The stringent penalties outlined in Section 22 highlight the seriousness with which Papua New Guinea treats cyberbullying. Such activities can lead to significant emotional, psychological, and physical harm, and even death. The legislation aims to deter cyberbullying by imposing heavy fines and long prison terms for offenders.

Prevention

Given the severe penalties and potential impacts of cyberbullying, it is crucial to adopt comprehensive measures to prevent such activities. Here are some strategies:

1. Implement strong antibullying policies: Schools and organizations should have clear policies against bullying and cyberbullying.
2. Educate children and adults: Provide education and awareness programs about the legal and emotional implications of cyberbullying.
3. Monitor online activities: Parents, guardians, and educators should monitor children’s online activities to detect signs of cyberbullying.
4. Support victims: Offer support and counseling services to victims of cyberbullying.

Conclusion

Section 22 of the Cybercrime Code Act 2016 underscores the importance of preventing cyberbullying in Papua New Guinea. By understanding the legal implications and implementing robust preventive measures, individuals and organizations can better protect children and others from the harmful effects of cyberbullying.

Read more similar article here.

In the digital age, protecting confidential and classified information is paramount. The Cybercrime Code Act 2016 (No 35 of 2016) of Papua New Guinea addresses various cyber offences, including content related offences such as unlawful disclosure. Section 25 of this Act provides detailed provisions on the unlawful disclosure of confidential or classified communication and sensitive data using electronic systems or devices.

What Constitutes Unlawful Disclosure?

Section 25 of the Cybercrime Code Act 2016 defines unlawful disclosure as the intentional and unauthorized use of an electronic system or device to disclose any confidential or classified communication, or sensitive data. This can include the content, data, or electronic output of such communication.

Key Actions Constituting Unlawful Disclosure

Unlawful disclosure includes:

1. Disclosing confidential or classified communication: Sharing any sensitive information without authorization.
2. Disclosing sensitive data: Revealing data that is considered sensitive, whether it is personal, corporate, or government related.

Understanding the Legal Consequences

Unlawful disclosure of confidential or classified information using electronic systems is a serious offence under the Cybercrime Code Act 2016. This provision aims to protect sensitive data from unauthorized exposure, which can have severe implications for individuals and organizations. A person commits a crime if they intentionally, without lawful excuse or justification, or recklessly use an electronic system or device to disclose:

1. Confidential or Classified Communication: This includes any content, data, or electronic output.
2. Sensitive Data: Information that is meant to be kept secure and private.

The penalties for unlawful disclosure are significant:

1. For Natural Persons: A fine not exceeding K20,000.00. Imprisonment for a term not exceeding 15 years. Both fine and imprisonment can be imposed together.
2. For Bodies Corporate: A fine not exceeding K100,000.00.

These measures emphasize the importance of maintaining the confidentiality of sensitive information and the severe consequences of failing to do so.

Understanding Unlawful Disclosure by Authorized Personnel: Legal Implications

Unlawful disclosure can occur even when the offender has lawful authority, custody, access, or control over confidential or classified information. The Cybercrime Code Act 2016 addresses such scenarios with stringent penalties. When someone with authorized access to sensitive data commits an offence by disclosing it unlawfully, they are guilty of a crime. This includes individuals who:

1. Have lawful authority: Such as government officials or employees with clearance.
2. Have custody or control: Those responsible for managing or safeguarding the information.
3. Have access: Individuals who are permitted to view or handle the data as part of their role.

The penalties for this crime are severe:

1. For Natural Persons: A fine not exceeding K100,000.00. Imprisonment for a term not exceeding 25 years. Both fine and imprisonment can be imposed together.
2. For Bodies Corporate: A fine not exceeding K500,000.00.

These stringent measures underscore the importance of maintaining the confidentiality and security of sensitive information, even by those entrusted with access.

Examples

Unlawful disclosure involves the unauthorized sharing of confidential or sensitive information. Here are two examples:

Leaking Confidential Business Information: An employee of a tech company shares proprietary information about a new product with a competitor. This information includes trade secrets, upcoming features, and strategic plans that have not been made public. The competitor uses this information to launch a similar product, undermining the original company’s market advantage. Such actions constitute unlawful disclosure, which is punishable under the Cybercrime Code Act 2016.

Publishing Personal Data: A cybercriminal hacks into a medical database and retrieves sensitive personal information, including medical records and contact details. The hacker then publishes this information online, exposing individuals to identity theft, fraud, and privacy violations. This unauthorized release of personal data is a clear example of unlawful disclosure and carries severe penalties under the Cybercrime Code Act 2016.

Defence

Section 25 outlines a specific defence against charges of unlawful disclosure. This defence applies if it can be proven that the disclosure was for the benefit of the public. Whether the disclosure was indeed for the public benefit is determined as a question of fact.

Implications of Unlawful Disclosure

The stringent penalties outlined in Section 25 highlight the seriousness with which Papua New Guinea treats unlawful disclosure. Such activities can lead to significant breaches of privacy, security risks, and potential financial and reputational damage. The legislation aims to deter the unauthorized sharing of confidential and sensitive information by imposing heavy fines and long prison terms for offenders.

Protection

Given the severe penalties and potential impacts of unlawful disclosure, it is crucial to adopt comprehensive measures to protect confidential and classified information. Here are some strategies:

1. Implement strong access controls: Restrict access to sensitive information to authorized personnel only.
2. Use encryption: Protect confidential and classified communication and data with advanced encryption techniques.
3. Regular audits and monitoring: Conduct regular security audits and continuously monitor systems for unauthorized access or disclosure.
4. Employee training: Educate employees on the importance of protecting confidential information and the legal implications of unlawful disclosure.
5. Develop clear policies: Establish and enforce clear policies regarding the handling and disclosure of sensitive information.

Conclusion

Section 25 of the Cybercrime Code Act 2016 underscores the importance of preventing the unlawful disclosure of confidential and classified communication and sensitive data in Papua New Guinea. By understanding the legal implications and implementing robust preventive measures, individuals and organizations can better safeguard their information against unauthorized disclosure.

Read more similar article here.

In the digital age, spam is a pervasive issue that affects individuals and organizations worldwide. The Cybercrime Code Act 2016  (No 35 of 2016) of Papua New Guinea addresses various cyber offences, including the transmission of unsolicited electronic messages, commonly known as spam. Section 26 of this Act provides detailed provisions on the unlawful act of sending spam using electronic systems or devices.

What Does “Spam” Mean?

In the context of the Cybercrime Code Act 2016, “spam” refers to the transmission of harmful, fraudulent, misleading, illegal, or otherwise unsolicited electronic messages to recipients without their express permission or approval. This also includes causing electronic systems or devices to display such messages or participating in falsified online user account registrations or domain name registrations for commercial purposes. Essentially, spam is any unsolicited digital communication that disrupts, deceives, or misleads users for commercial gain.

What Constitutes Spam Offences?

Section 26 of the Cybercrime Code Act 2016 defines spam offences as the intentional and unauthorized use of an electronic system or device to send multiple electronic messages with the intent to deceive or mislead users or ICT service providers. This includes actions such as initiating, relaying, retransmitting, and falsifying header information in electronic messages.

Key Actions Constituting Spam Offences

Spam offences include:

1. Initiating the Transmission of Multiple Electronic Messages: Sending multiple messages with the intent to deceive or mislead users.
2. Relaying or Retransmitting Messages: Using a password protected system to relay or retransmit messages with deceptive intent.
3. Falsifying Header Information: Altering header information in multiple messages to mislead recipients about the origin of the messages.

Examples

Spam refers to unwanted and unsolicited messages sent in bulk, typically via email or other digital communication platforms. Here are two examples:

Phishing Emails: A user receives multiple unsolicited emails from unknown sources, claiming to be from reputable companies such as banks or online retailers. These emails often contain links to fake websites designed to steal personal information like usernames, passwords, and credit card details. Phishing emails are a common type of spam that poses significant security risks. Sending such emails is illegal under the Cybercrime Code Act 2016.

Promotional Messages: A small business owner finds their email inbox flooded with unsolicited promotional messages from various companies advertising products and services that are irrelevant to their interests. These messages often include misleading offers and clickbait subject lines, making it difficult to manage their email. Such unsolicited bulk messages are considered spam and can lead to legal penalties for the senders under the Cybercrime Code Act 2016.

Penalties

The Act imposes penalties for those found guilty of spam offences:

1. For Natural Persons: A fine not exceeding K5,000.00 or imprisonment for a term not exceeding 12 months, or both.
2. For Bodies Corporate: A fine not exceeding K100,000.00.

Implications of Spam Offences

The penalties outlined in Section 26 highlight the seriousness with which Papua New Guinea treats spam offences. Such activities can lead to significant disruptions, financial losses, and erosion of trust among users and ICT service providers. The legislation aims to deter the practice of sending spam by imposing fines and imprisonment for offenders.

Prevention

Given the penalties and potential impacts of spam offences, it is crucial to adopt comprehensive measures to prevent such activities. Here are some strategies:

1. Implement strong spam filters: Use advanced filtering technologies to block spam messages from reaching users.
2. Educate users: Provide education and awareness programs about the risks and implications of sending and receiving spam.
3. Monitor electronic systems: Regularly monitor systems for signs of unauthorized activities or potential spam transmissions.
4.  Enforce strict policies: Establish and enforce policies against the use of electronic systems for sending spam.

Conclusion

Section 26 of the Cybercrime Code Act 2016 underscores the importance of preventing spam offences in Papua New Guinea. By understanding the legal implications and implementing robust preventive measures, individuals and organizations can better protect themselves and others from the disruptive effects of spam.

Read more similar article here.