Understanding Unlawful Advertising Under the Cybercrime Code Act 2016

In the digital age, the use of electronic systems for advertising has become widespread. However, when such systems are used to promote illegal activities, it becomes a serious offence. The Cybercrime Code Act 2016 (No 35 of 2016) of Papua New Guinea addresses various cyber offences, including unlawful advertising. Section 31 of this Act provides detailed provisions on the illegal use of electronic systems to advertise or promote activities that constitute an offence.

What Constitutes Unlawful Advertising?

Section 31 of the Cybercrime Code Act 2016 defines unlawful advertising as the intentional and unauthorized use of an electronic system or device to advertise or promote an act or omission that would constitute an offence under the Act or any other law.

Key Actions Constituting Unlawful Advertising

Unlawful advertising includes:

1. Using Electronic Systems for Promotion: Utilizing any electronic system or device to advertise illegal activities.
2. Promoting Acts that Constitute Offences: Promoting acts or omissions that are illegal under the Cybercrime Code Act 2016 or any other law.

Examples

Unlawful advertising involves promoting illegal activities through electronic means. Here are two examples:

1. Fake Medical Products: A website advertises and sells unapproved medical products, claiming they can cure serious diseases like cancer or COVID-19. These ads often appear on social media, email campaigns, and search engines. The products are not backed by scientific evidence and can pose significant health risks to consumers. Promoting such items is illegal and constitutes unlawful advertising as outlined in the Cybercrime Code Act 2016.
2. Illegal Gambling Services: An online platform advertises unauthorized gambling services to users, including minors. These ads appear through pop-ups, banners, and email newsletters, enticing individuals to participate in illegal gambling activities. This type of advertising is strictly prohibited and is considered unlawful under the Cybercrime Code Act 2016, which aims to regulate and control online gambling activities to protect users.

 Penalties

The Act imposes severe penalties for those found guilty of unlawful advertising:

1. For Natural Persons: Imprisonment for a term not exceeding 10 years. A fine not exceeding K20,000.00. Prohibition from accessing and using ICTs or electronic systems for the term of imprisonment imposed plus an additional two years. Any combination of the above penalties.
2. For Bodies Corporate: A fine not exceeding K500,000.00.

Implications of Unlawful Advertising

The stringent penalties outlined in Section 31 highlight the seriousness with which Papua New Guinea treats unlawful advertising. Such activities can facilitate criminal behavior, promote illegal activities, and undermine the rule of law. The legislation aims to deter the use of electronic systems for promoting illegal acts by imposing heavy fines and long prison terms for offenders.

Prevention

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

1. Implement strong advertising policies: Ensure that all advertising content complies with legal and ethical standards.
2. Educate users and businesses: Provide education and awareness programs about the legal and ethical implications of unlawful advertising.
3. Monitor online advertising platforms: Regularly monitor platforms for signs of illegal advertising activities.
4. Enforce legal compliance: Take legal action against those who use electronic systems for unlawful advertising and support efforts to remove such content.

Conclusion

Section 31 of the Cybercrime Code Act 2016 underscores the importance of preventing unlawful advertising 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 illegal promotions.

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