The Electronic Communications Abuse Offences Act (ECAO) aimed at addressing the problem of online abuse,comes into force on July 1.

At a workshop discussing the Act last week, Attorney General, Linda Folaumoetu’i said that the Act will address online bullying and other harmful behaviour online.

It will address the global problem where people use a service to abuse, harass and otherwise harm a person, by communicating inappropriate content.

“Online bullying, posting pictures or videos that are revengeful after the breakup of a relationship, and commenting in an abusive way about fellow citizens is being witnessed in the Kingdom of Tonga,” she said.

The Act criminalizes the behaviour where the victim has been harmed. Harm may be emotional, physical, or mental, she said.

It introduces procedural powers for Tonga Police to investigate the allegations of online abuse. The Act also includes a regime for service providers, both in Tonga and internationally who may have evidence of the alleged crime to assist the Tonga Police as part of the investigation.

“At the same time, the Act also introduces civil remedies, which will provide Tongans the right to sue for Statutory Tort and apply to the Court for an Order to either stop publication of the offensive material or disable access to the material.”

Workshop

The ECAO Act workshop was held on June 24-25 bringing together agencies, stakeholders, and experts from across the world to share experiences and solidify knowledge.  The looked at how to:

• Access data held by private parties for law enforcement authorities;
• Implement procedural powers under the Budapest Convention; and
• Apply safeguards and guarantees.

MEIDECC CEO, Paula Ma’u saidthe workshop was timely and wouldbetter prepare stakeholders into implementing the Act.

Attending were Hon Justice Cooper, the Chief Secretary and Secretary to Cabinet Edgar Cocker, TCC Acting CEO Sione Veikoso, staff from the Prime Minister’s Office, Attorney’s General’s Office, Ministry of Justice, Tonga Police, and MEIDECC.

The workshop was supported by the Council of Europe and the European Union, Australian High Commission, New Zealand High Commission, and the Tonga Australia Policing Partnership.