Review of Fiji’s legislations on digital fraud, scam and consumer protection

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Introduction

Country:   Fiji

 

Description of the Assignment:  

The consultant will undertake the following tasks but not limited to:  

  1. Comprehensive Legal Review: 

  1. Carry out an in-depth review of the legal framework related to cybercrime in Fiji, focusing specifically on digital fraud, scams, and consumer protection. This will involve collecting and analyzing all relevant laws, including statutes, legislative instruments, executive orders, administrative regulations, case law, and other relevant government documents. These may include the Consumer Council of Fiji Act 1975, the Fijian Competition and Consumer Commission (FCCC) Act 2010, the Reserve Bank of Fiji (RBF) Act, Crimes Act 2010, Criminal Proceedings Act 1997, Banking Act 1995, among others.  

  1. Assess the role played by the Courts and the enforcement mechanisms to ensure they are robust and effective in addressing current and emerging fraud, scams, and consumer protection challenges.  

  1. Map out and identify opportunities to harmonize legal provisions in various laws governing fraud, scams, and consumer protection measures to minimize regulatory gaps and reduce the potential for exploitation.  

  1. Stakeholder Consultation: 

  1. Facilitate consultations with key stakeholders, including, but not limited to, government agencies, including law enforcement, industry representatives (legal fraternity), and consumer groups. 

  1. Gather insights, identify gaps and weaknesses in the current legislative framework that expose consumers and businesses to fraudulent activities, and document stakeholders’ feedback.  

  1. Benchmarking Against International Best Practices: 

  1. Benchmark Fiji’s laws against international obligations and best practices in fraud and scam prevention.  

  1. Identify successful legislative models from other jurisdictions, particularly in the areas of online fraud and consumer protection that could be adapted for Fiji.  

  1. Proposing Legal Reforms: 

  1. Develop and propose necessary legal reforms to address identified gaps and weaknesses.  

  1. Harmonize legal provisions across various legislative frameworks to create a more cohesive and effective regulatory system, reducing the risk of fraudsters exploiting any legal gaps  

  1. In collaboration with the Office of the Solicitor – General, ensure proposed reforms are agile and responsive to the evolving landscape of scams and frauds.  

 

50 working days distributed over 6 months.


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Documents :

Negotiation Document(s) (Before Accessing other negotiations Document(s), please click on this link)
Sustainable Procurement Indicators :Economic - Local communities, MSMEs and supplier diversity