Law / Tuvalu

Tuvalu

3 of 6 named instruments researched to a stage, across two of the ten areas of law we track: 3 in force. As of .

  1. AI law
  2. Privacy law
  3. Scraping law 2
  4. Cybersecurity law 1
  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

in forcenot yet in forceblocked by a courtproposedno longer in force

Scraping law2 instruments, 2 in force

Research summary (178 words)

Tuvalu has no scraping-specific statute and no dedicated computer-misuse law: the Penal Code (1965) predates computers and contains no unauthorised-access, hacking, or cybercrime provision, and a draft Cybersecurity Bill had not been tabled in Parliament.

The closest analogue is the Tuvalu Telecommunications Corporation Act 1993, which criminalises intentionally intercepting, disclosing, or interfering with a message carried on the state telecommunications system and operating a competing telecommunications service without authorisation; its offences are aimed at the state telecommunications monopoly rather than at unauthorised computer access generally, and no reported case has applied it to web crawling.

No Tuvaluan court has ruled on the enforceability of a browsewrap or clickwrap terms-of-service against a scraper. The Copyright Ordinance (Chapter 40.24, Revised Edition 2008) sets local infringement penalties and incorporates the United Kingdom Copyright Act 1956's importation-restriction provision, but its own text carries no text-and-data-mining exception, and Tuvalu's copyright statute confers no sui generis database right.

No statute or reported case establishes a scraping-specific unfair-competition or misappropriation doctrine, and none assigns legal weight to a robots.txt directive or imposes an AI-training-specific rule.

Computer misuse

Tuvalu Telecommunications Corporation Act 1993, offences and penalties

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

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 . Binds public and private bodies.

What this law does

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.

What it requires

Cybersecurity law1 instrument, 1 in force

Research summary (600 words)

Tuvalu's Telecommunications Corporation Act 1993 (Act 4 of 1993), as amended by the Telecommunications Corporation (Amendment) Act 2012, is the country's only telecommunications statute and creates no safeguards duty on the Tuvalu Telecommunications Corporation or on any licensed operator comparable to Liberia's Telecommunications Act 2007 section 51(5) or Solomon Islands' Telecommunications Act 2009 section 72(1)(b): its Part V offences provision, section 33, lists acts committed against a telecommunications system (dishonestly obtaining service, sending an offensive or false message, intercepting or disclosing a message, damaging or interfering with telecommunication apparatus, assisting an unlicensed station, and similar conduct), each binding the person who commits the act against the system rather than binding the Corporation's or an operator's own security posture, so the whole of Part V belongs to the scraping topic's computer-misuse family rather than to this one.

The three subsidiary regulations made under the Act (the Telephone Regulations, the Telecommunications (Radio) Regulations, and the Television Licence Regulations) govern service contracts, radio licensing and interference, and broadcast licensing respectively, and none imposes a security-safeguards, vulnerability-handling, or incident-reporting duty on the Corporation, a licensee, or a manufacturer.

The 2012 amendment ended the Corporation's exclusive right to supply telecommunications services and let the Minister license other providers, but its own text adds no safeguards obligation to either the Corporation or a newly licensed provider.

The Foreign Direct Investment Act 1996 mentions security once, in a Companies Act amendment requiring a foreign investor to supply "financial, character, and security information" when registering a company, a personal background-check disclosure rather than any criterion tied to a system's or product's security posture, so it sets no security-of-systems gate on an investment incentive.

A Data Protection and Privacy Act 2020 is named in secondary commentary on Tuvalu's digital-government initiatives, but its enactment could not be confirmed against a primary source: PacLII's own Tuvalu sessional and consolidated legislation index pages both return a Cloudflare CAPTCHA challenge on direct request, a stop rather than a wall to read past, and the Wayback Machine's archived crawl of every slug PacLII has ever served under its Tuvalu sessional and 2008 consolidated legislation paths, a set spanning acts from 1917 to 2021, contains no entry beginning with "data", "privacy", "cyber", or any "d"-initial acronym for 2020.

The World Intellectual Property Organization's WIPO Lex member profile for Tuvalu, which lists 23 national laws across IP, framework and other categories, does not list a data-protection or cybersecurity statute either. Whether the Data Protection and Privacy Act 2020 was in fact enacted, and if so what security-of-processing or safeguards duty it might carry, is an open research gap rather than a confirmed absence.

No Cybercrime Act or standalone cybersecurity statute for Tuvalu was located by the same slug-level check of PacLII's archived Tuvalu legislation, though the CAPTCHA wall on PacLII's own live index means that check cannot rule out a very recently enacted instrument PacLII has not yet had crawled.

Tuvalu has no telecommunications regulator independent of the Corporation and the responsible Minister: the Act's own section 10 subjects the Corporation to ministerial policy direction, and the 2012 amendment vests the power to license a second operator in the Minister rather than in a separate regulatory body, so there is no regulator publishing a network-security code or licence condition to check as a distinct source.

The Banking Commission Act's security duties on banks that offer computer access and on Internet banks (sections 38(4) and 39) are filed as a row of their own. Section 38(4) of the Banking Commission Act provides that banks providing computer access must maintain adequate security for their Internet or proprietary platforms.

Sector security regimes

Banking Commission Act, security of banks' computer access and Internet banking platforms

Banking Commission Act (Act 3 of 2011, Cap. 38.02), ss. 38(4) and 39(2)-(3)Text of the Banking Commission Act, Cap. 38.02, 2022 Revised Edition, published by the Tuvalu Government legislation site

In force. Binds private bodies.

What this law does

Section 38(4) of the Banking Commission Act provides that banks providing computer access must maintain adequate security for their Internet or proprietary platforms, including adequate systems for customer authentication and for physical and logical protection against unauthorised external access by individual penetration attempts, computer viruses, denial of service and other forms of electronic access.

Section 39(2) of the Banking Commission Act provides that Internet banks must have adequate systems to identify, monitor and control transactional risk from the bank's use of technology. Section 39(3) of the Banking Commission Act provides that Internet banks must have adequate security for their Internet platforms, including adequate systems for customer authentication and for physical and logical protection against unauthorised external access.

Section 39(1) of the Banking Commission Act defines Internet banks as banks that provide services to customers through delivery channels, including the Internet, automated teller machines and telephone, and by mail, but not at physical offices.

Section 37(2) of the Banking Commission Act requires the Commission to take specified actions or impose specified penalties on a bank it determines to be guilty of an infringement consisting of the violation of a provision of the Act or of any regulation or order of the Commission.

Section 37(2)(a) to (d) of the Banking Commission Act lists written warnings, a written agreement with the board of directors providing for a program of remedial action, written orders to cease and desist, and civil penalties of one hundred dollars to one thousand dollars per day for each day that the infraction continues.

What it requires

Where nothing was found4 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

Tuvalu has no AI-transparency, AI-risk, training-data, prohibited-practices, governance, or sector-specific AI statute in force.

The Tuvalu National ICT Policy (2024), published by the Department of ICT, sets government strategic goals for digital connectivity, cybersecurity awareness, and ICT governance without creating an enforceable duty on any AI system, crawler, or automated agent, and contains no provision specific to artificial intelligence behaviour, training data, or automated decision-making.

A draft Cybersecurity Bill has undergone a capacity-maturity review but had not been tabled in Parliament, so it creates no current obligation. The Penal Code (1965) contains no reference to artificial intelligence, synthetic content, or deepfakes.

As of .

Privacy law

Tuvalu has no comprehensive data-protection statute and no dedicated data-protection supervisory authority. The Constitution's section 21 protects a person against the search of their person or property and against entry on their property without consent, a search-and-entry right rather than a duty on a private-sector controller processing personal data.

The Tuvalu Telecommunications Corporation Act 1993 criminalises intentionally intercepting or disclosing the content of a message carried on the state telecommunications system, a communications-secrecy offence rather than a personal-data regime with lawful-basis, purpose-limitation, data-subject-rights, cross-border-transfer, or breach-notification duties.

No such duties, and no supervisory authority for personal data, appear in the WIPO Lex Tuvalu legislation profile (23 laws spanning 1917 to 2011) or in the Pacific Legal Information Institute's consolidated and sessional Tuvalu legislation databases.

As of .

Age gating law

Tuvalu has no adult-content age-verification law, social-media minor-access restriction, app-store age-verification requirement, or age-appropriate design code. The Penal Code (1965) makes trafficking in obscene publications and public indecency general criminal offences (sections 166 and 169(m)), but neither provision imposes a verification or gating duty on an online service, and neither mentions the internet or a digital service; both predate any such technology.

No dedicated cybersecurity or online-safety statute reaching minors has been located: a draft Cybersecurity Bill has undergone a capacity review but had not been tabled in Parliament, and creates no current duty.

As of .

Reuse law

Tuvalu has no press-publisher neighbouring right, no mandatory platform-to-publisher bargaining code, no hot-news or misappropriation doctrine distinct from copyright, and no machine-readable text-and-data-mining opt-out.

The Copyright Ordinance (Chapter 40.24, Revised Edition 2008; commenced ) sets local infringement penalties and incorporates the United Kingdom Copyright Act 1956's importation-restriction provision, but its own text carries no quotation, press-summary, or fair-dealing exception applicable to headlines or snippets; the substantive definition of what is copyrightable and any exception to it rests on the extended United Kingdom Copyright Act 1911 continued in force by the ordinance, whose text has not been located.

No statute or reported case addresses whether a hyperlink is a communication to the public or whether framing changes the answer.

As of .

Case law

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

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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.