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);