Workshop on Tonga’s new Electronic Communications Abuse Offences Act ^Featured

Held from 24 – 25 June 2021 at the Fa’onelua Convention Centre, the workshop brings together agencies, stakeholders, and experts from across the world to share experiences and solidify knowledge of how to:

• Access data held by private parties for law enforcement authorities;
• Implement procedural powers under the Budapest Convention; and
• Apply safeguards and guarantees.

The CEO for MEIDECC Mr. Paula Pouvalu Ma’u chairing the workshop said the Electronic Communication Abuse Offences Act 2020 passed by Parliament last year introduces obligations for internet service providers to assist law enforcement agencies by way of mandatory production orders for data access.

“The ECAO Act will enter into force on 1 July 2021 as approved by Cabinet and I believe this workshop is timely as it will better prepare stakeholders into implementing the Act. It will also provide participants with opportunities to discuss the provisions of the new Act and learn international best practices in relation to the specific procedural powers specified in the ECAO Act.”

Tonga’s Attorney General, Ms. Linda Simiki Folaumoetu’i also outlined the main section by detailing the purpose and content of the ECAO Act at the workshop.

“The purpose of this Act is to address the global problem of using a service to abuse, harass and otherwise harm a person by communicating inappropriate content on the Internet or using communications platforms. Online bullying; posting pictures or videos that are revengeful after the breakup of a relationship, and commenting in an abusive way about fellow citizens is being witnessed in the Kingdom of Tonga. The Act criminalizes that behavior where the victim has been harmed; harm may be emotional, physical, or mental.

The Act introduces procedural powers for Tonga Police to investigate the allegations of online abuse. The Act also includes a regime for service providers, both in Tonga and internationally who may have evidence of the alleged crime to assist the Tonga Police as part of the investigation.

At the same time, the Act also introduces civil remedies which will provide Tongans the right to sue for Statutory Tort and apply to the Court for an Order to either stop publication of the offensive material or disable access to the material.”

In his opening remarks, Mr. Ma’u thanked the Council of Europe and the European Union, the Australian High Commission to Tonga, the New Zealand High Commission to Tonga, as well as the Tonga Australia Policing Partnership for their assistance to the Government of Tonga in making the workshop possible.

Mr. Ma’u would like to acknowledge the hard work by staff from the Attorney General’s Office and relevant agencies in facilitating the workshop which further demonstrates the close working relationship between the Attorney General’s Office, Tonga Police, Internet Service Providers, and the Ministry of MEIDECC which is crucial for the successful implementation of the ECAO Act.

Attending this very important workshop includes Hon. Justice Cooper, the Chief Secretary and Secretary to Cabinet Mr. Edgar Cocker, TCC’s Acting CEO Mr. Sione Veikoso along with staff from the Prime Minister’s Office, Attorney’s General’s Office, Ministry of Justice, Tonga Police and the Ministry of MEIDECC.

- MEIDECC