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Law / Tuvalu

Tuvalu Telecommunications Corporation Act 1993, offences and penalties

Tuvalu Telecommunications Corporation Act 1993 (Act No. 4 of 1993), s. 33 (offences and penalties)

archived copyRead from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived . Publisher's page: http://www.paclii.org/tv/legis/num_act/ttca1993438/

In force since .

A computer misuse rule binding public and private bodies.

Obligation class
Prohibition, Access restriction
Audit expectation
none

What it requires

  • Do not send a message that is grossly offensive, indecent, obscene, or menacing, or a message known to be false and intended to cause annoyance, inconvenience, or needless anxiety, over Tuvalu's telecommunications system.NIST AI RMFMAP 3.3
  • Do not intercept, disclose, alter, or interfere with a message or the telecommunications apparatus carrying it, and do not operate a competing telecommunications service without the Corporation's authorisation.NIST AI RMFMAP 4.1

These lines are LexLint's reading of the law's text.

In the frameworks

NIST AI RMF
  • MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
  • MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
NIST AI 600-1
OWASP LLM Top 10
OWASP Agentic Top 10
  • ASI03Identity and Privilege Abuse
MIT mitigations Draft
  • 1.5Safety Decision Frameworks
  • 2.1Model & Infrastructure Security
  • 3.2Data Governance
  • 3.3Access Management
NIST Privacy Framework
  • CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
FINOS AIGF
ETSI EN 304 223
  • 5.1.2-1Business need and security risks written down and assessed before deciding to build an AI system.
  • 5.1.2-6Access the AI system gets to other systems and data sources is minimal and risk assessed.
  • 5.1.4-5End-users told which uses of the system are prohibited.

Our reading of where this law's duties sit in each framework, and in the NIST AI RMF, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law

Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.

If you get it wrong

Criminal exposureYes

Criminal exposure note

Any offence under section 33 may be punished by imprisonment for up to two years, as an alternative to the fine.

Penalty structure

A single $1,000 fine cap or imprisonment for two years applies uniformly across all paragraphs of section 33; the court may separately order compensation under section 34. Tuvalu's circulating currency is the Australian dollar; the Act's own text states the amount only as '$'.

Rule
Fixed only
As of
Currency
AUD
Fixed cap
1,000

What it makes you log

Logging duty

Section 33 lists the offences of obtaining a telecommunication service to avoid a charge by improper means, sending offensive or false messages, interfering with, intercepting or disclosing messages, tampering with telecommunication apparatus and assisting an unlicensed system, and sets one penalty of two years' imprisonment or a fine of $1,000. It imposes no duty to create, keep, produce or review a log or record and has no territorial clause. The Act's duty on the Board to keep books and records of account of the Corporation's income, expenditure, assets and liabilities sits in Part IV, outside the section this row cites.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Section 33 makes it an offence for any person to, among other things, dishonestly obtain a telecommunication service to avoid payment; send a message that is grossly offensive, indecent, obscene, or menacing, or a message known to be false and sent to cause annoyance, inconvenience, or needless anxiety; intentionally modify, intercept, or disclose the content of a message; damage, remove, or interfere with telecommunication apparatus or a telecommunication line; or assist the working of an unlicensed telecommunication system, or otherwise contravene the Corporation's sole and exclusive right under section 6 to supply telecommunication services in Tuvalu.

Section 34 lets the convicting court additionally order the offender to pay compensation for any damage done. Section 35 repeals the earlier Telecommunications Ordinance (Chapter 100), under which the same conduct was addressed in narrower terms.

When LexLint raises it

When your app profile says your app sends automated outreach.

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