Page 35 - Islands Business May 2023
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ICT ICT
noting an increase in violence also perpetrated online, with
bystanders key players in the distribution of offending images
and information.
“There were certain instances on social media where I had
seen some girls’ private images or private information shared
online, and it was very disturbing to see the comments go up
on social media forums shaming the girls.
“Similarly, we had a Miss PNG, who was stripped of her title
because of the amount of criticism she got from bystanders In Fiji some 2800
online.” complaints have
been lodged with
Dimokari says many promising young women are targeted: the Online Safety
“I have seen a lot of girls who have tried to rise to a profes- Commission. Most
sional stage in their expertise, but then private images would of them relate to
leak out on social media.” defamatory content
In Kiribati, Minister of Youth Sports and Social Affairs, Martin or harassment.
Moreti, says while the Internet has many benefits, including
providing women with economic empowerment opportunities,
its negative effects could increase the already-existing gender
divide.
Moreti said: “Online harassment, cyberbullying, stalking,
and exposing women and girls for porn entertainment are still
experienced in our daily lives, and if this treatment of gender
inequality continues, it may exacerbate existing gender
gaps.”
Online bystanders and the law
The Online Bystander Report states that the greater the of bystanders in the Crimes Act and Online Safety Act 2018
number of passive individuals who witness an emergency, the could be possible. Submissions on that act are currently being
less likely any of them are to assist. In fact, in many instanc- heard.
es, bystanders perpetrate violence themselves, by leaving Rakai says online harassment peaked during the pandemic
negative comments and tagging others, encouraging them to lockdowns, when people took to social media as a way to con-
post similar derogatory comments. nect with others. One of the major challenges to prosecuting
“Under this effect, factors such as ‘diffusion of responsibil- online violence Rakai says is “how subtly it is used, e.g., the
ity’ (whereby the responsibility to intervene is determined stories that disappear after 24 hours, Instagram, and Face-
by the number of bystander present), ‘evaluation apprehen- book, and how their features work.”
sion’ (a fear and embarrassment of being judged in a negative She says the Online Safety Act has only dealt with one case
light by other bystanders), and ‘pluralistic ignorance’ (the in the five years since its implementation, and so there is
belief that inaction by other bystanders means that no action little trust in the law’s effectiveness. That case involves a
is required) were deemed to hinder a series of decisions the parliamentarian.
bystander deemed necessary to make before electing to inter- Rakai says, “The law needs to be fair and protect everyone,
vene,” the report states. from those who are facing this from those who are part of
While in the Pacific there are already some laws in place to parliament, right to a school child in Vanua Levu.
guide the actions of people online, the complexity of creating “I am interested to see the outcome in the…case and the
new, or amending existing legislation to require bystanders to penalty that he will receive because once that is dealt with
take lawful action to combat such abuse, will be difficult. by the court, then only will we understand the gravity of the
Prominent Fiji-based lawyer, Richard Naidu, says: “Gen- law/penalties.”
erally, in a country like Fiji, you don’t try to reinvent the The online bystander report states that so-called “Cyber
wheel yourself; you follow the experience of other countries Good Samaritan Legislation” can help bystanders take action
because we do not have the resources or the depth of experi- when they are faced with two scenarios: (1) if the online
ence to try to develop these laws and legal regimes ourselves. violence includes threats of violent criminal behaviour and (2)
“It is better to benefit from the experience of other coun- if the witness knows, or reasonably believes, that the online
tries and what they have done, and then try and adapt what violence will cause harm or the fear of physical harm.
they’ve done to our situation,” he said. Implementing bystander legislation could have other im-
The current president of the Fiji Women’s Lawyers Associa- pacts, turning bystanders from destructive agents in online
tion, Mele Rakai, says while the issue is complex, the inclusion violence into a new community of online protectors.
Islands Business, May 2023 35

