Understanding Defamatory Publication Under the Cybercrime Code Act 2016: A Comprehensive Guide

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.

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