The University of Fiji has called for a comprehensive amendment of Fiji’s telecommunications legislation to reflect 21st century realities in information dissemination and communications. The submissions were made to the Minister for Policing and Communications following extensive legal review of the Telecommunications Act 2008.
The Vice Chancellor, Professor Shaista Shameem said the UniFiji review presents an important opportunity for Fiji to adopt a forward-looking telecommunications framework that strengthens regulatory governance while protecting the rights and interests of telecommunications users.
“Telecommunications systems are now central to the exercise of fundamental freedoms, including freedom of speech, expression and access to information as guaranteed under the Constitution of Fiji. The legal framework governing telecommunications must therefore evolve alongside technological change to ensure these rights are protected while promoting innovation and economic development,” she said.
The UniFiji submissions highlighted the need to strengthen consumer protection, digital governance, and cybersecurity frameworks in the country to uphold the right of freedom of speech with certain limitations.
The review, conducted by the Office of the Vice Chancellor’s Legal Unit, examines how Fiji’s current telecommunications framework can be updated to reflect the realities of the modern digital
environment and is located in the Fijian Constitution as well as international telecommunication standards that Fiji is signatory to.
Section 17 of the Constitution of Fiji protects freedom of publication under the general right to freedom of speech and expression.
The submissions state that the global telecommunications landscape has undergone significant transformation in the 21st century due to rapid technological advancement, widespread broadband expansion, and the emergence of internet-based communications platforms. Hence, telecommunications networks now play a fundamental role in enabling social, economic, and democratic participation by allowing individuals to communicate, access information, conduct business, and engage in public discourse as is their constitutional right.
Constitutional section 150 Freedom of Information is also a constitutional safeguard, the submissions say as it binds public offices of the state.
The University’s review says that existing legislation relies too much on traditional telecommunications concepts such as voice calls and SMS transmission and does not sufficiently capture modern digital communication technologies, including internet-based messaging platforms, cloud infrastructure, digital platforms, and emerging technologies such as 5G networks and satellite connectivity.
The review also highlights growing concerns regarding unsolicited promotional messages sent to mobile phone users, raising questions about consumer consent and the use of personal data in telecommunications marketing.
“Consumers should be asked for their consent before such relentless bombardment of commercial messages is sent alongside news and information; automatic consent should not be assumed”, Professor Shameem said.
The University’s recommendations propose strengthening consumer protection safeguards, improving data governance standards, and introducing clearer regulatory mechanisms to address emerging telecommunications challenges such as cybersecurity threats, digital platform services, and the expansion of broadband connectivity.
The report further recommends that Fiji align its telecommunications regulatory framework with international standards and best practices promoted by the International Telecommunication Union (ITU) to enhance regulatory transparency, promote innovation, and strengthen Fiji’s competitiveness in the global digital economy. Fiji is a signatory to the ITU.
In addition, the review calls for greater emphasis on universal digital access, including improved broadband connectivity in rural and underserved communities, as part of Fiji’s broader digital transformation and economic development agenda.
The University states that modernizing telecommunications legislation will help ensure that Fiji’s communications infrastructure remains resilient, inclusive, and capable of supporting the country’s rapidly evolving digital society.
The review was conducted by the Office of the Vice Chancellor’s Legal Team: Manager Legal Office, Alishah Ali, Legal Officer, Natalie Raikadroka, and Legal and Research Assistant, Alsheik Ashad Ali.
