Cyber-security laws.
115. The Consumer Protection Act (Cap. 63) has been in force in Solomon Islands since
the mid-1990s. It would be timely to review this Act to ascertain whether and how
effectively it applies in the context of online transactions using ICT. The legislation
should be reviewed to determine how appropriate it is in relation to e-commerce;
enforcement resources should be examined to consider whether the Act can be
effectively enforced to protect online transactions; and attention should be directed
to consumers’ awareness and understanding of their rights under the Act.
116. For Solomon Islands, consumer online transactions (“B2C”) mainly involve online
purchases of goods or services from overseas vendors; and online offers and sales
of services (e.g. hotel reservations) to overseas purchasers. Legislating for
strenuous consumer protection obligations in this setting is unlikely materially to
assist Solomon Islands consumers to enforce their rights. A light-handed approach
might nevertheless be warranted which ensures:
Existing Consumer Protection Act safeguards are applicable to online
transactions; and
Suppliers in Solomon Islands who invite consumers to enter into
transactions online must disclose certain minimum required information.
117. Additionally, online vendors in Solomon Islands might be encouraged to adopt
their own Code of Practice in respect of online sales to encourage consumers’
confidence, for example in the tourism sector.
118. For ICT investors, laws must be certain, stable, and not subject to discretionary
interpretation or application. The merit of a legal framework that is certain and
stable has been amply demonstrated in Solomon Islands in the telecommunications
sector since 2009. A light-handed, pro-competitive Telecommunications Act has
been administered by the Telecommunications Commission without recourse to the
courts or heavy-handed intervention in the market. This approach has seen
impressive levels of investment in mobile telecommunications infrastructure,
accompanied by rapid adoption of services by the public. This provides an
important example for the ICT sector generally, and for other sectors.
119. The independence of the Telecommunications Commission in Solomon Islands
provides another valuable precedent. Operators’ decisions regarding investment
must necessarily contemplate a long time-frame: infrastructure cannot be uplifted
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Solomon Islands National ICT Policy