means an individual who has not reached 18 years of age;

means the Online Safety Commission established under section 6;

means the Commissioner appointed under section 6;

means the High Court of Fiji;

means any form of communication transmitted or communicated electronically and includes any text message, writing, photograph, picture, recording or other matter that is communicated electronically;

means serious emotional distress;

means a natural person;

• (a)means a visual recording including a photograph, video or digital image that is made in any medium using any device with or without the knowledge or consent of the individual who is the subject of the recording, and that is of—
  • (i)an individual who is in a place which, in the circumstances, would reasonably be expected to provide privacy and the individual is—
    • (A)naked or has his or her genitals, pubic area, buttocks, chest or breasts exposed, partially exposed, or clad solely in undergarments;
    • (B)engaged in sexual activity; or
    • (C)engaged in showering, toileting or other personal bodily activity that involves dressing or undressing; or
  • (ii)an individual’s naked or undergarment-clad genitals, pubic area, buttocks, chest or breasts which is made—
    • (A)from beneath or under an individual’s clothing; or
    • (B)through an individual’s outer clothing in circumstances where it is improper to do so; and
• (b)includes an intimate visual recording that is made and transmitted in real time without retention or storage in—
  • (i)a physical form; or
  • (ii)an electronic form from which the recording is capable of being reproduced with or without the aid of any device or thing;

means the Minister responsible for communications;

, in relation to an electronic communication, means the person who has control over the part of the electronic retrieval system, such as a website or an online application, on which the electronic communication is posted and accessible by the user; and

• (a)means to transfer, send, publish, post, disseminate or otherwise communicate by means of an electronic communication—
  • (i)any information, whether truthful or untruthful, about an individual; or
  • (ii)an intimate visual recording of an individual; and
• (b)includes an attempt to do anything referred to in paragraph (a),

and a corresponding meaning applies where “post”, “posted” and “posting” appear in relation to an electronic communication.