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Status regarding Budapest Convention

Status regarding Budapest Convention

Status : NA See legal profile

Cybercrime policies/strategies

Cybercrime Policy 2014 National Information & Communications Technology Authority (NICTA) Seeks to provide a legal and regulatory framework to, among other goals:

  • Protect communities from cybercrime; Create safer cyber environment for all users;
  • Enhance and strengthen law enforcement capacity in addressing and combating Cybercrime (and Cybersecurity issues);
  • Create and increase awareness, education and training on Cybercrime (and Cybersecurity issues); and
  • Ensure effective coordination and collaboration amongst all stakeholders, especially the law enforcement agencies
(in progress) National Cybersecurity Policy and Strategy

Cybercrime legislation

State of cybercrime legislation

The Cybercrime Code Act of 2016 is the main source of substantive law provisions related to the integrity of data and electronic systems or devices, among others. Some 25 criminal acts have been introduced.

Still, due to the novelty of the Code itself, little of implementation and practice has been exercised until now. The Cybercrime Code Act was prepared in cooperation with Australian experts in the field.

The same Act also provides for all relevant procedural powers also found in the Convention.

Substantive law

The following data does not include analysis of Cybercrime Code Act 2016. It’s based on previously existing criminal legal framework with regards to cybercrime. Thus said, most likely pure cybercrime offences and cyber-enabled offences are elevated to extensive, instead of some.

Pure cybercrime offences - some

Protection of Private Communications Act 1973

Part II

Various offences for intercepting private communications and divulging such communications

Cyber-enabled offences - some

Criminal Code Act 1974

General fraud and forgery provisions appear to exclude computer-related fraud and forgery

Division 2B

Various offences for producing and distributing child pornography

Copyright and Neighboring Rights Act 2000

          Offences for infringement of copyright (technology-neutral)

Procedural law

Preservation of data - none

Search and seizure - some

Search Act 1977

Part III

Provides for general search and seizure powers which extend to electronic evidence

National Intelligence Organization Act 1984

Provides for general search and seizure powers which extend to electronic evidence (without which national security would be compromised)

Evidence Act 1975

Part IV, Division 5

Establishes admissibility of ‘computerized information’

Real-time collection of data - some

Protection of Private Communications Act 1973

Section 15

Provides for interception warrants for the prevention or investigation of offences with a minimum penalty of 7 years

Section 18

           Establishes evidentiary value of intercepted communications

Specialised institutions

Papua New Guinea Computer Response Team (PNGCERT) National Information

Communications Technology Authority (NICTA)

Minister for Communication, Information Technology and Energy

International cooperation

Jurisprudence/case law

Sources and links

Print Papua New Guinea
Tools on Cybercrime & Electronic Evidence Empowering You!

These profiles do not necessarily reflect official positions of the States covered or of the Council of Europe. 

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