Definition of Data

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Main Focus of Document

Provides regulatory measures for cybercrime and computer misuse

Target Beneficiaries or Sector

businesses, government, citizens

Key Elements

This Policy seeks to provide a legal and regulatory framework to:
- Protect Papua New Guinea's communities from cybercrime; 
- Preserve the country's cultural and traditional values; 
- Create safer cyber environment for all users; 
- Build confidence in electronic commerce; 
- Ensure that Papua New Guinea's laws on cybercrime are, to the extent possible, in harmony with other regional and international laws dealing with cybercrime (and cybersecurity issues); 
- Promote and enhance international cooperation in addressing and combating cybercrimes; 
Enhance and strengthen Papua New Guinea’s law enforcement capacity in addressing and combating cybercrime (and cybersecurity issues);
- Create and increase awareness, education and training on cybercrime (and cybersecurity issues) within Papua New Guinea; and 
- Ensure effective coordination and collaboration amongst all stakeholders, especially the law enforcement agencies.

The purpose of the Cybercrime Policy is to define the different instruments and mechanisms that may effectively be used to address cybercrime. This includes, but is not limited to, determining the general principles and considerations related to the  Policy and a legislative response and preventative measures to address cybercrime. This Cybercrime Policy sets out the government’s objectives and strategic framework for meeting these challenges. In doing so, the Policy will ensure (a) that relevant government departments and instrumentalities engage in co-ordinated activities to  combat and prevent Cybercrime; and (b) the appropriate enforcement of the regulatory regime by relevant agencies that are independent yet accountable and with clearly defined powers, functions and jurisdictions.

Areas of focus include:
Development of National Cybercrime Legislation
The government realises that in order to prevent and combat cybercrime effectively, legislation must be enacted that criminalises and or defines conducts that constitute cybercrime, and create and or empower relevant agencies to address the issue.

Establishment of Common Interpretations for Key Terms
Legislation should properly define terms such as “computer”, “computer system”, [vis-­‐à-­vis “electronic system”] “device”, “system”, “network” and “hinder” etc., using sufficiently broad-based wording and, where possible, illustrative examples. It should clearly  provide which terminology shall be left for judicial  construction and the procedure for ensuring the alignment of both the judicial and statutory interpretations and definitions.

Development of Substantive Criminal Law
Legislation should contain provisions covering the most common and internationally accepted forms of cybercrime as well as those offences that are of specific interest for the region (such as SPAM). It should be compatible with international standards and best practices, in order to enable and sustain cooperation with law enforcement agencies regionally as well as on an international basis. It should provide for the criminalization of the intentional and illegal accessing of an electronic system as well as intentionally remaining in the said system illegally. Intentional and illegal access to electronic data (both in cases where the offender acts with and without intent to commit or facilitate the commission of an offence) as well as the intentional and illegal interception of electronic data should be criminalized.

Policy/Regulation Mirrors

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