110. The Government must ensure the legal framework is apt to deter and punish
cybercrimes, and must supplement legal measures with enforcement capability and
public education. Legal measures may include criminalizing certain behaviours,
prescribing standards for admissibility of electronic evidence, enabling electronic
evidence gathering, and providing for international assistance and cooperation.
User education may include raising awareness about the risks associated with
certain conduct, and about security precautions which users can take.
111. It is also important that the Government take steps to protect national security from
possible threats posed by ICT. Governments around the world have adopted
widely- different measures with the aim of protecting national cyber-security. In
cooperation with its regional and international partners, Solomon Islands should
explore approaches to cyber-security it would be appropriate to implement.
112. Where consumer transactions may be carried out online, consumers need to have
the benefit of legal protection that is equivalent to that which they enjoy when
entering transactions offline, in shops or face-to-face. In respect of online consumer
transactions, some additional consumer protections may be justified to address
risks that do not normally arise in face-to-face dealings:
Consumers should have sufficient information about whether and how to
make a purchase – they should not be misled about the identity of the
vendor, nature of the goods or services, terms and conditions, or pricing.
Consumers’ transactions should be reasonably secure and vendors should
respect the privacy of purchasers’ information.
Consumers should be able to access affordable, effective and timely
means for resolving disputes with vendors.
Vendors should not send commercial email (e.g. advertising or “spam”)
without consumers’ consent.
Strategies
113. In accordance with the policy principle of “building foundations first,” it is
essential to put in place the laws that will support investment in ICT equipment and
infrastructure, and give users the confidence to make use of ICT.
114. Elements of a legal environment to support growth in ICT use, and that it will be
necessary to establish, include:
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Consumer protection laws;
Data security and data privacy laws;
Legal support for online (electronic) payments;
Legal recognition of electronic records;
Legal recognition of digital signatures; and
Solomon Islands National ICT Policy