Online Safety— of 2018 4 “court” means the High Court of Fiji; “electronic communication” means any form of communication transmitted or communicated electronically and includes any text message, writing, photograph, picture, recording or other matter that is communicated electronically; “harm” means serious emotional distress; “individual” means a natural person; “intimate visual recording”— (a) means a visual recording including a photograph, video or digital image that is made in any medium using any device with or without the knowledge or consent of the individual who is the subject of the recording, and that is of— (i) an individual who is in a place which, in the circumstances, would reasonably be expected to provide privacy and the individual is— (A) naked or has his or her genitals, pubic area, buttocks or female breasts exposed, partially exposed, or clad solely in undergarments; (B) engaged in sexual activity; or (C) engaged in showering, toileting or other personal bodily activity that involves dressing or undressing; or (ii) an individual’s naked or undergarment-clad genitals, pubic area, buttocks, or female breasts which is made— (A) from beneath or under an individual’s clothing; or (B) through an individual’s outer clothing in circumstances where it is improper to do so; and (b) includes an intimate visual recording that is made and transmitted in real time without retention or storage in— (i) a physical form; or (ii) an electronic form from which the recording is capable of being reproduced with or without the aid of any device or thing; “Minister” means the Minister responsible for communications; and