Tonga’s Cybercrime Legislation Needs Update, Experts Warn

The legislative framework in Tonga is failing to effectively combat cybercrime, experts warn. The country’s Computer Crimes Act of 2003, modeled after Commonwealth Secretariat legislation, lacks provisions to address modern-day threats such as spam and limited forensic investigators.

Lack of Provisions for Modern-Day Threats

• The Act sets out definitions for computer crimes including illegal access, interference with data or a computer system, illegal interception of data, and dealing in illegal devices.
• It also provides procedural powers for law enforcement agencies.
• However, experts say it needs updating to reflect the evolving nature of cybercrime.

Challenges in Prosecution

• Tonga’s Solicitor General, Aminiasi Kefu, acknowledged that the country has only prosecuted two cases under the Act since its enactment.
• The “data prosecution” case was successful, with a monetary fine and suspended imprisonment sentence imposed on the offender.
• However, the “illegal access” case was withdrawn due to evidential problems.

Growing Prevalence of Cybercrime

• Cybercrime is becoming increasingly prevalent in Tonga’s financial sector, with cases of:
  • Bank fraud
  • Forgery
  • Counterfeit currency
  • Credit card fraud reported.
• The country has also received mutual assistance requests from Australia for electronic data.

Experts’ Concerns and Recommendations

• Experts attending a recent conference on cybercrime in Strasbourg warned that the lack of revision and updating of Tonga’s legislative framework is hindering effective prosecution of cybercrimes.
• They called for:
  • Increased training of investigators, prosecutors, practitioners, and judges.
  • Public awareness campaigns to combat the growing threat.

Government Response

• Officials have pledged to review and update the legislation.
• Increase training of law enforcement officers.
• Encourage enforcement of cybercrime laws.
• Boost public awareness.
• The country is also considering accession to the Budapest Convention on Cybercrime.

Conclusion

• The issue of cybercrime in Tonga’s finance sector highlights the need for a comprehensive approach to addressing these threats.
• Without effective legislation and enforcement, the financial sector remains vulnerable to cyber attacks, putting the integrity of financial transactions at risk.