“information” means texts, messages, data, voice recordings, sounds, databases, videos,
signals, software, computer programs, codes including object codes and source
codes;
“Minister” means the Minister responsible for communications;
“service provider” means––
(a) any public or private entity that provides to users of its service the ability to
communicate by means of a computer system; or
(b) any other entity that processes or stores computer data on behalf of the entity or
users of such service provided by the entity; and
“traffic data” means any computer data relating to a communication by means of a
computer system, generated by a computer system that formed a part in the chain
of communication, indicating the origin, destination, route, time, date, size or
duration of the communication, or type of underlying service.
Application
3.––(1) Nothing in this Act affects the validity of any proceedings taken in relation to any
offence under any other written law.
(2) This Act applies––
(a)
(b)
(c)
(d)
where a person commits an offence under this Act while being present in Fiji;
on board a ship flying the flag of Fiji;
on board an aircraft registered under the laws of Fiji;
where the alleged conduct was committed by a Fijian citizen, if the offence is
punishable under criminal law where it was committed or if the offence is committed
outside the territorial jurisdiction of any State;
(e) where the computer, computer system, device, computer data or information affected
or which was to be affected, by the act which constituted an offence under this Act,
was at the material time lawfully accessible in Fiji;
(f) where the service, including any computer storage, or device or computer data or
information processing service, used in the commission of an offence under this Act
was accessible in Fiji; and
(g) where the loss or damage is caused in Fiji by the commission of an offence under this
Act, to the State or to a person in Fiji.
(3) The provisions of this Act also apply to an offender present in Fiji when extradition of
the person is not possible, solely on the basis of the person’s nationality.
Savings of certain laws
4.––(1) Unless otherwise provided in this Act or any other written law, nothing in this Act
affects––
(a) the liability, trial or punishment of a person for an offence under any other written
law;
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