Cyber Law at Papua New Guinea

Papua New Guinea (PNG) has established a robust legal and institutional framework to address cybercrime and cybersecurity, positioning itself as a leader in digital security within the Pacific region.

🛡️ Cybercrime Legislation

PNG's primary legal instrument for combating cybercrime is the Cybercrime Code Act 2016, which criminalizes a wide range of offenses, including

Hacking and Unauthorized Access:Penalties include imprisonment for up to five years or fines up to K7,000

Data Espionage:Offenders may face up to 15 years in prison and fines up to K25,000 for individuals or K100,000 for corporations

Defamatory Publication:Penalties range from fines up to K100,000 to imprisonment for up to 25 years

Cyber Harassment:Offenders can be imprisoned for up to seven years and prohibited from using ICT devices for the duration of the sentence plus two additional years

Child Exploitation:Penalties for child pornography and online grooming offenses include imprisonment for up to 25 years or fines up to K100,000

Cyber Extortion and Fraud:Offenders may face up to 25 years in prison or fines up to K100,000

Illegal Interception and System Interference:Penalties range from 15 to 25 years in prison or fines up to K100,000

Cyber Attacks:Offenders may be imprisoned for up to 15 years or fined up to K100,000 2024, the Supreme Court upheld the constitutionality of Section 21(2) of the Act, which criminalizes electronic defamation, emphasizing that such restrictions are justifiable in a democratic society to protect public safety and welfare

🌐 National Cybersecurity Policy and Strategy

PNG's commitment to cybersecurity is outlined in the National Cybersecurity Policy 2021, which aims t:

Enhance technical and intelligence capabilities in line with international standard.

Protect citizens, critical infrastructure, and national security from cyber threat. National Cybersecurity Strategy 2024 builds upon this policy, focusing o:

Developing Computer Emergency Response Teams (CERTs.

Building cyber forensics capabilitie.

Collaborating with international partners such as Australia, India, South Korea, and Israe.

🌍 *International Cooperation

In October 2024, PNG was invited to accede to the Convention on Cybercrime (Budapest Convention), a significant step toward enhancing international cooperation in combating cybercrie.

⚖️ *Law Enforcement and Oversight

The National Information and Communications Technology Authority (NICTA) provides technical support to law enforcement agencies but does not have prosecutorial powes Amendments to the Cybercrime Code Act are being considered to enable NICTA to assist in prosecutions, addressing capacity issues within the police fore.

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