[Photo: FILE]
The High Court of Fiji is being asked to determine whether cyberbullying and other offences under Fiji’s Online Safety laws should be heard in the High Court or the Magistrates Court.
Lawyers appearing before the court today argued over the interpretation of legislation relating to criminal cases under the Online Safety Act, particularly whether jurisdiction lies exclusively with the High Court or can also be exercised by magistrates.
Counsel from the Office of the Director of Public Prosecutions told the court there has been uncertainty surrounding the issue after previous legal interpretations raised questions about which court should preside over such matters.
The State argued that while the legislation defines “court” as the High Court, it does not clearly state whether the offences are strictly indictable or whether they may also be heard summarily in the Magistrates Court.
Lawyers said the application was brought to seek clarity “once and for all” so future Online Safety Act cases can proceed without confusion over jurisdiction.
The court heard arguments that allowing magistrates to hear such matters would assist with efficiency and avoid unnecessary delays, while still giving room for serious cases to be transferred to the High Court if required.
Another lawyer told the court that one of the cases had already partly proceeded before a magistrate, with evidence already heard, and argued that transferring the matter could create additional costs and delays.
The judge questioned whether Parliament had intended for the High Court to have exclusive jurisdiction when drafting the legislation and whether the wording of the law was sufficient to remove the powers of the Magistrates Court.
The matter remains before the High Court for determination, with the ruling expected to provide guidance on how future cyberbullying and Online Safety Act cases will be handled in Fiji’s courts.
