a Dua New Gur® No. of > 2016. AN ACT entitled Cybercrime Code Act 2016, Being an Act to define and establish acts or omissions constituting offences committ ed through the use of information and communication technology or cybercrime, and for related purposes, MADE by the National Parliament to come into operation in accordance with a notice in the National Gazette by the Head of State, acting on advice. PART I. - PRELIMINARY. Division 1. - Compliance with Constitutional Requirements. 1. CONSTITUTIONAL REQUIREMENTS. (1) For the purposes of Section 41 of the Organic Law on Provincial Govern ments and Local-level Governments, it is declared that this law relates to a matter of national interest. (2) This Act, to the extent that it regulates or restricts a right or freedom referred to in Subdivision 111.3.C. (qualified rights) of the Constitution, namely - (a) the right to freedom from arbitrary search and entry conferred by Section 44; and (b) the right to freedom of expression conferred by Section 46; and (c) _ the right to privacy conferred by Section 49; and (d) the right to freedom of information conferred by Section 51; and (e) the right to freedom of movement conferred by Section 52; and (f) _ the right to protection from unjust deprivation of property conferr ed by Section 53, of the Constitution, that is necessary for the purpose of giving effect to the public interest in public safety, public order and public welfare and is reasonably justifiable in a democra tic society having proper respect and regard for the rights and dignity of mankind taking into account the Nationa l Goals and Directive Principles and Basic Social Obligations, because of the risks cybercrime poses to public safety, public order and public welfare, as well as to the successful social and economic develop ment of Papua New Guinea and its citizens. 2. INTERPRETATION. In this Act, unless the contrary intention appears - “applications service” means a service (for facilitating communications by means of guided or unguided electromagnetic energy) provided via one or more network services , but does not include such a service provided solely on the retail customer side of the network boundary; “applications service provider” means an ICT Service Provider providi ng applications services; “body corporate” means a company whether incorporated or unincorporated and includes government or public bodies, as well as terrorist groups or organisations; “child” means, for the purposes of this Act, a person under the age of 18 years; “communication” includes any communication of content (a) whether between persons, things, or persons and things; and (6) in any combination or form including speech, music or other sounds, data, text, writing, signs, signals or images (animated or otherwise);

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