Understanding Cyber Harassment Under the Cybercrime Code Act 2016: A Comprehensive Guide

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.

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