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Octopus Cybercrime Community

Status regarding Budapest Convention

Status : NA See legal profile

Cybercrime policies/strategies

Niue has the Niue Cybercrime Policy 2015 which is an integral component of building Niue’s national Cybersecurity Strategy.The country is very well connected to the Internet due to a national program and free access to Internet for all. A national ICT survey was undertaken in 2012, and it serves as starting point for a number of projects in this area.

Cybercrime legislation

State of cybercrime legislation

Niue has no existing legislation on cybercrime; however, the Cybercrime Bill 2016 remains in draft form and development of this continues.

Substantive law

Pure cybercrime offences - none

Cyber-enabled offences - some

Niue Act 1966

Part 5

Offence for distributing indecent documents which may extend to child pornography (not clear if this extends to electronic material)

Various fraud and forgery offences (not clear if this extends to electronic means)

Procedural law

Preservation of data - none

Search and seizure - some

Niue Act 1966

Part 6

Provisions for general search and seizure powers (no clear extension to electronic evidence)

Real-time collection of data - none

Specialised institutions

There is no unit/agency in Niue that deals specifically with cybercrime.Currently, the most common forms of cybercrime in Niue are malicious software and cyber bullying, which usually contains personal threats.The responsible authority therein is the Niue Police, who then intervene and investigate the alleged cyber bullying and also mediate between parties and victims.