The Cybercrime Code Act 2016 nowhere mentions social media. It does not need to: its offences are framed around the use of an electronic system or device, which covers every phone in the country.
Nine provisions that reach ordinary use
| Provision | Everyday conduct it reaches | Maximum (adult) |
|---|---|---|
| s 21 | Posting something defamatory about a person | 25 years |
| s 22 | Posts with or regarding a child for a bullying purpose | 7 years; 25 if harm; life if death |
| s 23(1) | Repeated posts about a person causing distress | 7 years; 10 if harm; life if death |
| s 23(4) | Swearing, or vulgar or obscene commentary — no target needed | 10 years; K15,000 |
| s 17 | Sharing pornographic material | 15 years |
| s 28 | Knowingly and repeatedly sharing infringing content | 15 years |
| s 29 | Selling counterfeit goods through a page or marketplace | 15 years |
| s 31 | Advertising or promoting anything that would be an offence | 10 years |
| s 15 | Running an account in another person’s identity | 10 years |
Sharing, joining in, and reacting
Sections 22 and 23(1) both reach a person who initiates, facilitates or participates in the communication, and a person acting for the purpose of supporting such repeated acts.
Section 23(4) goes further still, reaching those who authorise, facilitate or enable; write, post or effect; or entertain, encourage or participate in the posting.
So adding a comment to a pile-on, sharing a post, or engaging with abusive content is capable of being the offence — not merely evidence of someone else’s.
And note: neither section requires the subject to see the material. A group chat regarding a person is within both.
Page administrators are ICT service providers
“Website Master or Administrator” means a person responsible for maintaining one or many websites, also referred to as web architect, web developer, site author, website co-ordinator or website publisher.
A person in that position is within Part V, and so subject to:
- Section 44(1)(a) — may not monitor users’ information or actively seek evidence of their illegal activity;
- Section 44(1)(c) — may not conceal, prevent or frustrate an investigation, including by deleting material once aware of one;
- Section 44(1)(d) — must comply with a court order to assist, or to terminate or prevent an action;
- Section 45 — may not disclose a confidential court order, or anything done under it.
Each carries up to 25 years and K100,000 for a natural person. See which businesses and people are ICT service providers.
Whether the drafters intended the Part V duties to fall on the administrator of a community Facebook page is doubtful; the words as enacted do not distinguish.
What the platforms themselves face
An overseas platform is an ICT service provider if it falls within a Schedule 1 category, and section 39(a) reaches a provider “whose service is available in the country” — which does not require a local presence.
Enforcement against an entity with no assets or staff in Papua New Guinea is another question, and one that Part VI addresses only in general terms, by applying the Mutual Assistance in Criminal Matters Act 2005 and the Extradition Act 2005.
Practical guidance
- Post about conduct, not about people. The purposes in sections 22 and 23 are all directed at a person.
- Do not join pile-ons. Participation is the offence.
- Watch the language. Section 23(4) needs no target and provides no defence.
- Be careful with anything involving a child. Section 22 escalates to 25 years where harm results and life where death results. See protecting children online.
- If you administer a page: have a moderation policy, remove unlawful material when told of it, keep a record of notices received and what you did, do not read members’ private messages, and never delete material once you know of an investigation.
- Preserve before you delete. If you are the target, keep the originals — see what to do if you are a victim.
For the fuller treatment, see what you can post about someone online in PNG.
Sources
- Cybercrime Code Act 2016 — ss 2, 15, 17, 21–23, 28, 29, 31, 39, 44, 45, 46, 47; Schedule 1
- Constitution — ss 38, 46, 49
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.