Law / Fiji

Fiji

4 of 9 named instruments researched to a stage, across three of the ten areas of law we track: 3 in force and 1 not yet in force. As of .

  1. AI law
  2. Privacy law
  3. Scraping law 1
  4. Cybersecurity law 2
  5. Communications law not researched
  6. Content moderation law not researched
  7. Product and AI liability law not researched
  8. Digital accessibility law not researched
  9. Age gating law
  10. Reuse law 1

in forcenot yet in forceblocked by a courtproposedno longer in force

Scraping law1 instrument, 1 not yet in force

Research summary (201 words)

Fiji has no scraping-specific statute, so the position rests on general law.

The Copyright Act 1999 protects an original literary work, defined to include a table or compilation, and permits fair dealing with a work for criticism, review, and news reporting or for research or private study, but its permitted-acts provisions carry no exception for text and data mining, so training a model on scraped copyrighted text has to fit one of those narrow purposes or infringe; the Act binds the State as well as private parties.

The Cybercrime Act 2021 replaced the Crimes Act 2009's computer-offence provisions and, per its arrangement of sections, includes an offence of unauthorised access to computer systems among others reaching unauthorised interception of and unauthorised acts on computer data, but the operative definition of authorisation and the penalty for each offence are not reproduced in the available copies of the Act.

No comprehensive personal-data statute reaches scraped personal information; the 2013 Constitution's section 24 right to personal privacy is the only general safeguard, and it binds a natural or legal person as well as the State. No sui generis database right, terms-of-service enforceability decision, unfair-competition doctrine, or robots.txt ruling for this jurisdiction has been located.

Cybersecurity law2 instruments, 2 in force

Research summary (580 words)

Fiji's Cybercrime Act 2021 (Act No. 3 of 2021, assented ) is a computer-misuse statute, not a security-posture instrument.

Part 2 criminalises unauthorised access to, unauthorised interception of, and unauthorised acts in relation to a computer system, together with unlawful supply or possession of a device, program, or data for committing those offences; Part 3 adds computer-related forgery and computer-related extortion and fraud; and Part 4 adds identity theft, theft of telecommunication services, disclosure during an investigation, and a duty on a person other than a suspect to assist a person executing an order under the Act.

Every one of these provisions binds the person who attacks, defrauds, or withholds assistance from an investigation into a computer system, not the operator or manufacturer of that system, so the Act sets no product-security requirement, no vulnerability-handling duty, and no duty to report an incident to an authority or to users; it belongs to the scraping topic rather than here.

The Online Safety Act 2018 (Act No. 8 of 2018) is out of scope on the opposite ground: it establishes the Online Safety Commission and a complaint, mediation, and court-order regime addressed to an electronic communication that causes harm, including the posting of an intimate visual recording, regulating the content a person posts rather than the security of any system, so it creates no product-security, vulnerability-handling, incident-reporting, or baseline-security duty either.

The Telecommunications Promulgation 2008 (Promulgation No. 1 of 2008) is the nearest sectoral hook and still falls short of an instrument: section 55 gives the Telecommunications Authority of Fiji a discretionary power to make technical rules and standards for the import, use, supply, installation, or maintenance of telecommunications equipment where necessary to prevent damage to a telecommunications network or service or to public health, safety, or the environment, and section 79(1)(d) lets the Authority issue a desist order against a licensee whose operation of a facility or provision of a service compromises network security or integrity.

Both are an equipment type-approval power and an enforcement trigger rather than a stated duty: no technical rule or standard made under section 55 is described in the Promulgation's own text, and neither provision sets a clock, a content, or a recipient for a security report the way a reporting duty would.

Fiji has no jurisdiction-wide data-protection or privacy statute; the privacy topic already records that the 2013 Constitution's section 24 personal-privacy right is the only general safeguard and that a National Digital Strategy and a Cabinet-endorsed policy commit to future data-protection legislation that the privacy topic records as proposed, not enacted, so there is no security-of-processing article or breach-notification duty on either side of that seam to name here.

The Reserve Bank of Fiji's Prudential Supervision Policy Statement No. 2 sets cybersecurity duties and a 24-hour incident notice for the financial institutions it supervises, filed as rows of its own. The Copyright Act 1999 carries no security-relevant provision and is already researched under this jurisdiction's other topic rows.

The Reserve Bank of Fiji's Prudential Supervision Policy Statement on cybersecurity risk, PSPS 2, requires a supervised entity to have a documented cybersecurity risk management framework that is part of its enterprise risk management framework and is regularly reviewed.

PSPS 2 also requires a supervised entity to notify the Reserve Bank of Fiji within 24 hours after becoming aware of a cybersecurity incident that materially affects or has the potential to materially affect the institution or the interests of those who use its services.

Sector security regimes

Reserve Bank of Fiji Prudential Supervision Policy Statement 2, Cybersecurity Risk Management Framework

Prudential Supervision Policy Statement No. 2 (Reserve Bank of Fiji), paras. 4 to 16Prudential Supervision Policy Statement No. 2 as published by the Reserve Bank of Fiji, the supervisor that issued it

In force since . Binds private bodies.

What this law does

The Reserve Bank of Fiji's Prudential Supervision Policy Statement on the management of cybersecurity risk by supervised entities, PSPS 2, applies to licensed commercial banks, credit institutions, insurance companies, insurance brokers, the securities exchange, management companies of managed investment schemes, stock brokers, the Fiji National Provident Fund, the Fiji Development Bank and restricted foreign exchange dealers.

The Policy is issued under section 14(3) of the Banking Act 1995 and the other Acts paragraph 1.1 lists. A supervised entity must have a documented, board-approved cybersecurity risk management framework that is part of its enterprise risk management framework and is regularly reviewed. A supervised entity must also have a cybersecurity policy commensurate with its exposures to vulnerabilities and threats.

Section 14(3) of the Banking Act 1995 subjects a licensed financial institution to the directives of the Reserve Bank. Section 15 of the Banking Act 1995 lets the Reserve Bank sanction a licensed financial institution that fails to comply with a directive of the Reserve Bank, including by a fine of up to FJD 5,000 and a further fine of up to FJD 1,000 for each day the contravention continues. The Policy became effective on , with full compliance required within one year of that date.

What it requires

Vulnerability and incident reporting

Reserve Bank of Fiji Prudential Supervision Policy Statement 2, Cybersecurity Incident Reporting

Prudential Supervision Policy Statement No. 2 (Reserve Bank of Fiji), para. 17Prudential Supervision Policy Statement No. 2 as published by the Reserve Bank of Fiji, the supervisor that issued it

In force since . Binds private bodies.

What this law does

Under paragraph 17.2 of the Reserve Bank of Fiji's Prudential Supervision Policy Statement on cybersecurity risk, PSPS 2, a supervised entity must notify the Reserve Bank within 24 hours after becoming aware of a cybersecurity incident that materially affects or has the potential to materially affect the institution or the interests of depositors, policyholders, fund members, investors or the general public who use its services.

Paragraph 17.1 requires a supervised entity to report cybersecurity incidents in the format prescribed as Appendix 2. The Policy states that its cyber incident reporting time differs from the operational risk incident reporting under BSPS No.16, and that supervised entities will continue to report both. Section 15 of the Banking Act 1995 lets the Reserve Bank sanction a licensed financial institution that fails to comply with its directives. The Policy became effective on , with full compliance required within one year of that date.

What it requires

Reuse law1 instrument, 1 in force

Research summary (139 words)

Fiji has no press-publisher neighbouring right, no compelled platform-to-publisher bargaining code, no codified hot-news or misappropriation doctrine, and no statute or reported decision addressing whether linking to or framing a news article is a communication to the public.

Reproducing a headline or extract of a news article falls to the Copyright Act 1999's fair dealing exception for reporting current events (s. 41), which excuses fair dealing with a work for that purpose, accompanied by a sufficient acknowledgement where the reporting is not by sound recording, audio visual work, broadcast, or cable programme; the exception turns on the fairness of the specific dealing rather than a blanket allowance for aggregation.

The Act carries no text-and-data-mining exception, so an aggregator's automated indexing or AI training on news content must fit within the criticism, review, research, or news-reporting fair-dealing purposes or infringe.

Where nothing was found3 areas of law

These areas of law were researched here and no instrument was recorded. Each finding says what the research checked, as of the date under it. It describes our search, not a guarantee that no such law exists.

AI law

Fiji has no statute that binds an artificial-intelligence system or an AI-generated output as such.

The National Digital Strategy 2025-2030, approved by Cabinet and published by the Ministry of Communications, commits only to developing a National AI Framework of policy guidelines addressing ethical use, data privacy, accountability, and governance of AI systems in government services as well as the private sector; as of the date below that framework has not been enacted, and the Strategy itself creates no legal duty for anyone.

The Online Safety Act 2018 creates an offence of posting an intimate visual recording, but the section's own heading addresses a recording rather than a synthesised image, its definition of an intimate visual recording is not reproduced in the available copy of the Act, and whether it would reach an AI-generated deepfake is not established here.

As of .

Privacy law

Fiji has no comprehensive data-protection statute.

The 2013 Constitution's section 24 guarantees every person the right to personal privacy, including confidentiality of personal information and of communications and respect for private and family life, subject to any limitation a law may impose to the extent necessary; the Bill of Rights chapter binds a natural or legal person as well as the State, so the right in principle reaches private conduct as well as government action, though no dedicated data-protection authority, lawful-basis requirement, or breach-notification duty accompanies it.

The Online Safety Act 2018 creates offences for causing harm by posting an electronic communication and for posting an intimate visual recording, which touch personal information only incidentally and establish no data-protection regime.

The National Digital Strategy 2025-2030, approved by Cabinet and published by the Ministry of Communications, commits to reviewing and developing a data-protection legal framework benchmarked against international standards such as the General Data Protection Regulation (GDPR) and ISO/IEC 27001, and Cabinet has separately endorsed a National Privacy and Personal Data Protection Policy as the foundation for future data-protection legislation; as of the date below neither has produced an enacted statute.

As of .

Age gating law

Fiji has no adult-content age-verification law, social-media minor-access restriction, app-store age-verification requirement, or age-appropriate design code. The Online Safety Act 2018 defines a child as an individual who has not reached 18 years of age.

Section 25 of that Act bars a person from posting or threatening to post an intimate visual recording of an individual, and provides that a child cannot give the consent that would otherwise excuse the posting, but the Act creates no duty on an online service to verify a user's age or restrict a minor's access, and no other section addresses age verification or gating.

The Juveniles Act (Chapter 56) sets rules on bail, custody, and court-reporting restrictions for a juvenile in criminal proceedings and contains no provision addressing an internet or online service. The Child Welfare Decree 2010 (Decree No. 44 of 2010) creates a mandatory reporting duty for a professional who discovers harm to a child's health or welfare and likewise contains no provision addressing an internet or online service.

As of .

Case law

  • No current case law for Fiji AI law
  • No current case law for Fiji privacy law
  • No current case law for Fiji scraping law
  • No current case law for Fiji cybersecurity law
  • No current case law for Fiji communications law
  • No current case law for Fiji content moderation law
  • No current case law for Fiji product and AI liability law
  • No current case law for Fiji digital accessibility law
  • No current case law for Fiji age gating law
  • No current case law for Fiji reuse law

Reporting clocks that run here1 instrument

The instruments whose obligation lines set a deadline for reporting an incident, a vulnerability or a personal-data breach, each deadline read from the sentence that carries it and listed shortest first. The law of Fiji comes first, then the law of the bodies above it that applies here.

Each flag is one law, and a link to it. Read down the scale: the clocks document's time axis, with the empty stretches shortened so the deadlines sit close. Flags on one line set the same duty at the same deadline, and the laws behind them are named to the right, with what each clock counts from.

24 hours
The deadlines above on one time axis, shortest at the top. The axis keeps its order and, between neighbors, its proportion, but a stretch with no deadline on it is shortened, so the hour marks on the left are what say how far apart two stations really are. Beside each action, the laws that set it, what each counts from, and a status where the law is not yet in force. The List tab has the same data in full, with the sentences.

The law of Fiji

24 hours

Reserve Bank of Fiji Prudential Supervision Policy Statement 2, Cybersecurity Incident Reporting

Prudential Supervision Policy Statement No. 2 (Reserve Bank of Fiji), para. 17security law, in force since

The sentence the clocks are read from

Notify the Reserve Bank of Fiji within 24 hours after becoming aware of a cybersecurity incident that materially affects or has the potential to materially affect, financially or non-financially, your institution or the interests of depositors, policyholders, fund members, investors or the general public who use your services (para. 17.2).

Which of these one incident starts turns on the facts: the incident method works that through. The clocks document draws every clock in the LexLint law library on one axis, with the sentence beside every rung.

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

This page covers the instruments LexLint has researched to a stage. Instruments named in the law library but not yet researched are counted in the head and are not listed here. Every entry carries its own primary source on its note page. This is a research index, not legal advice.