Papua New Guinea Cybercrime Policy 2014
9.8
Other
Government
Stakeholders
Other
relevant
stakeholders
not
specifically
mentioned
in
this
Policy,
including
PNG
Customs,
PNG
Immigration
and
Citizenship
Services,
and
Censorship
Board
will
also
have
an
equally
important
role
in
preventing
and
combating
cybercrime.
PART
TWO:
AREAS
OF
FOCUS
1.
Legislation
1.1
Development
of
National
Cybercrime
Legislation
The
Government
realises
that
in
order
to
prevent
and
combat
cybercrime
effectively,
legislation
must
be
enacted
that
criminalises
and
or
defines
conducts
that
constitute
cybercrime,
and
create
and
or
empower
relevant
agencies
to
address
the
issue.
Cybercrime
is
an
ongoing
priority
as
the
range,
frequency
and
scale
of
electronic
attacks
on
individuals,
businesses
and
the
public
sector,
continue
to
grow.
The
Government
is
aware
that
cybercrime
is
a
constantly
evolving
threat
and
legal
measures
will
require
concurrent
amendments
in
future
in
order
to
counter
such
threats.
Although
technical
solutions
such
as
firewalls,
encryption,
passwords,
etc.
may
be
effective,
these
must
be
complemented
by
adequate
legislative
measures.
Legislation
criminalising
certain
acts
or
conduct,
as
well
as
an
appropriate
procedural
framework
are
critical
in
enabling
law
enforcement
agencies
to
investigate
and
effectively
prosecute
such
crimes
in
Court.
This
approach
should
not
lead
to
over-‐
criminalisation.
The
Government
aims
to
ensure
that
conduct
and
acts
committed
without
the
use
of
the
Internet,
are
also
criminalised
when
committed
in
an
electronic
environment
(e.g.
offensive
text
or
audio
messages,
obscene
images,
via
Bluetooth
and
MMS).
Acts
lawfully
carried
out
without
the
use
of
the
Internet
in
a
comparable
situation
should
only
be
criminalised
when
committed
with
the
use
of
electronic
devices,
provided
that
there
are
precedents
to
justify
such
an
approach.
Countries
that
are
without
an
adequate
legislative
framework
create
a
dual
level
of
risk.
On
a
national
basis
law
enforcement
agencies
will
not
be
able
to
support
citizens
that
have
become
victims
of
cybercrimes.
In
addition,
within
the
international
sphere
the
absence
of
legislation
criminalising
certain
acts
and
conducts
may
encourage
or
even
motivate
offenders
from
abroad
to
move
illegal
activities
to
countries
that
are
devoid
of
a
protective
cybercrime
legislative
framework.
a)
Establishment
of
Common
Interpretations
for
Key
Terms
Legislation
should
properly
define
terms
such
as
“computer”,
“computer
system”,
[vis-‐à-‐
vis
“electronic
system”]
“device”,
“system”,
“network”
and
“hinder”
etc.,
using
sufficiently
broad-‐based
wording
and
where
possible
illustrative
examples.
It
should
clearly
provide
which
terminology
shall
be
left
for
judicial
construction
and
the
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