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How Are Cybercrime Penalties Structured?

Four building blocks — imprisonment, a fine, an ICT prohibition, and a separate corporate fine — combined differently in each provision. The maximum ranges from 12 months for spam to 30 years for data espionage, with life imprisonment in three places.

The cybercrime series, no. 67 · Cyber attack and intellectual property · 5 min read

The Cybercrime Code Act 2016 builds every penalty from the same four components, combined in different ways.

The four components

The four components of a penalty under the Act
ComponentRangeNotes
Imprisonment12 months to lifeDetention for a child offender, subject to the Juvenile Justice Act 2014
FineK5,000 to K100,000Not available for every offence
ICT prohibitionTerm imposed plus two yearsAlternative to, or in addition to, custody
Corporate fineK50,000 to K1,000,000Stated separately — see corporate fines

Three ways of combining them

1. “X or Y, or both”

The commonest form, used throughout Divisions 1 to 3: “a fine not exceeding K25,000.00 or imprisonment for a term not exceeding 15 years, or both”.

The court may fine, imprison, or do both.

2. Sub-paragraphs (i) to (iv)

Used in sections 22 and 23, in section 14, and throughout Division 4. The penalty is set out as numbered options ending with “all or any of Subparagraphs (i), (ii) or (iii)”.

This is the form that introduces the ICT prohibition as a standalone option.

3. “(i) … and (ii) …”

Used only in section 22(3) and section 23(3), where death results. Imprisonment for life and an ICT prohibition — not alternatives.

The range of maximum sentences

Maximum custodial terms under the Act
MaximumOffences
12 monthss 26 spam
5 yearss 6(1) hacking
7 yearss 11 illegally remaining; s 22(1); s 23(1)
10 yearss 8; s 9(1); s 15; s 23(2); s 23(4); s 31
15 yearss 6(2); s 7(1); s 16; s 17; s 20; s 25(1); s 27(1); ss 2830
25 yearss 7(2); s 9(2); s 12; s 13; s 14; s 18; s 19(1); s 21; s 22(2); s 24; s 25(2); s 27(2)
30 yearss 10 data espionage — both subsections
Lifes 19(2); s 22(3); s 23(3)
Data espionage carries the highest determinate term

Thirty years under section 10, for both the basic offence and the state secrets form — higher than electronic fraud, child pornography or attack on critical infrastructure.

That ordering reflects a legislative judgment about the seriousness of the theft of protected data.

These are maxima, not tariffs

Section 3(1)(c)

Section 3(1)(c) applies the provisions of the Criminal Code Act (Chapter 262) on punishments, including sections 18 and 19, to this Act.

What section 19 does

Section 19 of the Criminal Code gives the sentencing court a broad discretion. Where a maximum is prescribed, the court may impose less; it may impose a fine in addition to or instead of imprisonment; it may suspend a sentence in whole or part on recognisance; and it may make other orders in lieu.

That is why the life sentences in sections 22(3) and 23(3) are expressed to be “subject to Section 19” — they are maxima, not mandatory sentences. Established sentencing principle in Papua New Guinea reserves the maximum for the worst category of case.

Child offenders

Three provisions state a separate scale: section 14(1), section 22 and section 23 — detention rather than imprisonment, at roughly half the adult term, and in most cases with no fine. All are “subject to the Juvenile Justice Act 2014”, which section 5(3) in any event applies to every offence in the Act committed by a child. See penalties for a child offender.

Which court

Twelve offences are listed in Schedule 2 and may be dealt with summarily by a District Court constituted by a Principal Magistrate under section 48, following the procedure in section 421 of the Criminal Code. Everything else goes on indictment to the National Court.

Sources

Check the section yourself

Before relying on anything here, read the current text of the Cybercrime Code Act 2016 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.

Disclaimer: This article provides general information about Papua New Guinea law and does not constitute legal advice. Laws may change, and their application depends on individual circumstances. You should obtain professional legal advice for your specific situation. Read the full disclaimer.