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(5) Recklessness applies to the element of the offence under subsection (2) that the communication, signs or
representation made by the person is likely to have the effect specified in sub-paragraphs (a) and (b).
Seditious Intention
66.—(1) A “seditious intention” is an intention—
(i)
(ii)
(iii)
(iv)
(v)
to bring into hatred or contempt or to excite disaffection against the Government of Fiji as by law
established; or
to excite the inhabitants of Fiji to attempt to procure the alteration, otherwise than by lawful means,
of any matter in Fiji as by law established; or
to bring into hatred or contempt or to excite disaffection against the administration of justice in Fiji;
or
to raise discontent or disaffection amongst the inhabitants of Fiji; or
to promote feelings of ill-will and hostility between different classes of the population of Fiji.
But an act, speech or publication is not seditious by reason only that it intends—
(a)
(b)
(c)
(d)
to show that the Government of Fiji has been misled or mistaken in any of its measures; or
to point out errors or defects in the government or Constitution of Fiji as by law established or in
legislation or in the administration of justice with a view to the remedying of such errors or defects;
or
to persuade the inhabitants of Fiji to attempt to procure by lawful means the alteration of any matter
in Fiji as by law established; or
to point out, with a view to their removal, any matters which are producing or having a tendency
to produce feelings of ill-will and enmity between different classes of the population of Fiji
(2) In determining whether the intention with which any act was done, any words were spoken, or any document
was published, was or was not seditious, every person shall be deemed to intend the consequences which would
naturally follow from his conduct at the time and under the circumstances in which he so conducted himself.
Seditious offences
67.—(1) A person commits an indictable offence (which is triable summarily) if the person—
(a)
(b)
(c)
(d)
does or attempts to do, or makes any preparation to do, or conspires with any person to do any act
with a seditious intention;
utters any seditious words;
prints, publishes, sells, offers for sale, distributes or reproduces any seditious publication; or
imports any seditious publication, unless he has no reason to believe that it is seditious.
Penalty — Imprisonment for 7 years.
(2) A person commits a summary offence if without lawful excuse the person has in his possession any seditious
publication.
Penalty — Imprisonment for 1 year and 2 penalty points.
(3) A person shall not be prosecuted for an offence under this section without the written consent of the Director
of Public Prosecutions.
Urging a person to assist the enemy
68.—(1) A person commits a summary offence if—
(a)
(b)
(c)
the person urges another person to engage in conduct; and
the first‑mentioned person intends the conduct to assist an organisation or country; and
the organisation or country is—
at war with Fiji, whether or not the existence of a state of war has been declared
Penalty — Imprisonment for 7 years.