Proposed Bill sets out child pornography penalties

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Government said adopting the new legislation would align Fiji with the International Convention on Cybercrime. Minister for Industry, Trade and Tourism, Premila Kumar, Opposition MP, Lynda Tabuya and Education Minister, Rosy Akbar after a parliament sitting. Picture: FILE

AN individual convicted of child pornography-related offences could face a fine of $50,000 and a business could be slapped with $200,000 for the same.

This is the penalty proposed in the draft Cybercrime Bill 2020.

According to the proposed Bill, child pornography was described as “a person who intentionally takes, distributes” child pornography materials through a computer system.

The proposed Bill explained that “child pornography” meant content that depicted, presented or represented a child engaged in sexual intercourse or sexually explicit conduct.

The draft document stated child pornography included a person, appearing to be a child, engaged in sexual intercourse or sexually explicit conduct or an image, animation, text material or video of a child engaged in sexual intercourse.

“A person who commits an offence is liable on conviction to a fine not exceeding $50,000 or imprisonment for a term not exceeding 15 years or both.”

A body corporate will receive a “fine not exceeding $200,000”.

The draft Bill also states a court can order the seizure of any equipment or material that is used in the child pornography-related offence.

The proposed Cybercrime Bill 2020 is aimed at fighting computer-related forgery, computer-related fraud and child pornography Government said adopting the new legislation would align Fiji with the International Convention on Cybercrime.

It will allow Fiji law enforcement agencies to define cybercrime offences, remedies available to them in relation to fighting cybercrime offences and the collection of electronic evidence.

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