46. Do any other restrictions on online media advertisement (beyond limits) exist?

Fiji

Fiji

Answer
No
Source

Causing harm by posting electronic communication
24.—(1) A person who—
(a) posts an electronic communication with the intention to cause harm to an individual;
54 Online Safety—8 of 2018
(b) posts an electronic communication where posting the electronic communication would cause harm to an ordinary reasonable individual in the position of the individual; and
(c) posts an electronic communication where posting the electronic communication causes harm to the individual,
commits an offence.
(2) A person who commits an offence under subsection (1) is liable upon conviction to—
(a)  in the case of an individual, a fine not exceeding $20,000 or imprisonment for a term not exceeding 5 years or both; and(b)  in the case of a body corporate, a fine not exceeding $100,000, and for
a director, manager or officer in charge for the time being, to a fine not exceeding $50,000 or imprisonment for a term not exceeding 7 years or both.
(3) In determining whether posting an electronic communication would cause harm,
the court may take into account any factor it considers relevant, including—
(a) the extremity of the language, images or videos used;
(b) the age and characteristics of the individual concerned;
(c) whether the electronic communication was anonymous;
(d) whether the electronic communication was repeated;
(e) the extent of circulation of the electronic communication;
(f) whether the electronic communication is true or false; and
(g) the context in which the electronic communication appeared.

Source: Section 24, Online Safety Act 2018

Comment

Contents of online media advertisments may be subject to the provisions of the Online Safety Act 2018, although the Act is not specifically aimed at electoral offences, nor intended to create limitations on online media advertisements. Since "harm" is not clearly defined by the Act, complaints against contents of online election advertisements may be made by contestants who may feel cause to believe that they have been harmed by it. If one is to remain strictly confined to political finance, then there are no laws which impose restrictions on online adverts (which have financial implications)

Close tooltip