instance has been slow with negotiations still underway for Samoa to accede to the Budapest
Convention.128
INFORMATION POINT: What is the Budapest Convention?129
The Convention on Cybercrime also known as the Budapest Convention is the first international treaty
seeking to address Internet and computer crime (cybercrime) by harmonizing national laws, improving
investigative techniques, and increasing cooperation among nations.
Its main objective, set out in the preamble, is to pursue a common criminal policy aimed at the
protection of society against cybercrime, especially by adopting appropriate legislation and fostering
international cooperation. The Convention aims principally at:
Harmonizing the domestic criminal substantive law elements of offenses and connected
provisions in the area of cyber-crime
Providing for domestic criminal procedural law powers necessary for the investigation and
prosecution of such offenses as well as other offenses committed by means of a computer
system or evidence in relation to which is in electronic form
Setting up a fast and effective regime of international cooperation
The Convention is accompanied by an additional protocol i.e. Additional Protocol to the Convention on
Cybercrime which requires States who are parties to this protocol to criminalize the dissemination of
racist and xenophobic material through computer systems, as well as threats and insults motivated by
racism or xenophobia.
Negotiations still underway for Samoa to accede to the Budapest Convention
To address issues relating to internet access and use, the majority of those consulted agreed that Samoa
needs to create legislation to protect online safety of children.130 Additionally, non-legislative measures
were also suggested including the need for online service providers to commit their resources to provide
public awareness and educational programmes about online safety of children and their access to
unsuitable materials, online abuse and bullying.131
Get Safe Online Pacific together with the Ministry of Communication and Information Technology (MCIT)
recently launched the GET SAFE ONLINE Samoa platform which provides information and advice for
parents and children on staying safe online.132
128
MCIT written submission. The Office of the Attorney General is currently conducting a review of Samoa’s legislative framework to
prepare for accession to the Convention. For more information on cybercrime see Council of Europe Action against cybercrime webpage:
https://www.coe.int/en/web/cybercrime/home.
129 See Convention on Cybercrime 2001 here: https://rm.coe.int/1680081561.
130 Focus groups consultations (Upolu & Savaii). Samoa Observer written submission.
131 Talamua written submission.
132 See Samoa Get Safe Online platform here: https://www.getsafeonline.ws/personal/articles/your-child-and-social-networking/. The
platform provides information in English and Samoan on matters including children and social media, cyber-bullying etc.
State of Human Rights Report 2021
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