The global voice for consumers La voix des Consommateurs à travers le monde La voz global para la defensa de los consumidores

Country report for Fiji Islands for CI Regional Meeting on A2K Ms Joshika Samujh of Consumer Council of Fiji Manager, Alternative Dispute Resolution & Consumer Advisory 19 February 2009

Summary of issues of concern to consumers in Fiji Cost and availability of learning materials somewhat reasonable  Fiji has a relatively good communications services including internet services which is now readily accessible by the users/consumers in the urban and peri-urban centres. Due to competition in the last two years, the charges have become somewhat reasonable and so business houses, educational institutions and of course, personal/household users are also expanding. (there is still a long way to go though as the charges should come down even more!)

Summary of issues of concern to consumers in Fiji Cost and availability of learning materials  Fiji has only one university that is servicing all the South Pacific region (USP). Books are available; internet services is also provided to students.  There is also a central library for children/students serviced by the local governments – in 3 major centres.  The cost is reasonable; books can be accessed via loan by paying a small loan-fee.

Summary of issues of concern to consumers in Fiji Use of copyright material by libraries  This is allowed as long as illegal copying is avoided via acknowledging the source, author, etc. BUT …….

Summary of issues of concern to consumers in Fiji Use of copyright material by libraries  The rules and regulation of university prohibits plagiarism in any form, whether applied for direct or indirect copying (paraphrasing).  This is regarded a very severe offence and penalties are imposed.  Students can face suspension or expulsion.

Summary of issues of concern to consumers in Fiji Locks on access such as region coding and DRM  This is done where the University library issues its properties/materials to students – a bar-code is attached to the book and severe fines apply if students do not return the books on time.

Summary of issues of concern to consumers in Fiji Locks on access such as region coding and DRM  Where a student fails to return the property, he/she is blacklisted for re-entry into the institution and he/she can only regain entry if all the fines are cleared. In some instances exam results are also not released to the student unless the fines are cleared.  There are cases also when some information is released on the internet but only authorised people can have access to these material. Others may get access after purchasing the same.

Summary of issues of concern to consumers in Fiji Restrictions on copying for personal use  At the university level, the rules and regulation prohibits plagiarism in any form, direct or indirect copying (paraphrasing).  But if people wish to use copyright materials for their personal use, there seems to a silent agreement through norms and practices that it is allowed in Fiji. No one is seriously policing copyright infringement in Fiji even if there was a complaint (no single case has been prosecuted).  So in reality – no restrictions!

Summary of issues of concern to consumers in Fiji Availability of local content  Fiji has for a long time enjoyed free access to all kinds of materials, visual, printed, handicrafts, etc without local authors laying legal claims to it, or indeed any violation resulting severe penalties.  But recently, the State is trying to clamp down on use of handicrafts or traditional artefacts for commercial sale without proper registration with the Department of Environment. Fines can be imposed such as use of traditional trees to make wooden handicrafts, etc.

Summary of issues of concern to consumers in Fiji Availability of local content  However, the monitoring authority is quite helpless due lack of resources for enforcement purposes and so the local market is still quite vibrant with all kinds of materials which is easily accessible in a country which is a tourist destination.  Local contents like music is also at risk. Fake CDs and DVDs are produced and local artist have no recourse as regulation and enforcement is weak.

Summary of issues of concern to consumers in Fiji Needs fulfilled by black or grey markets  Absolutely – mammoth market – in fact “open and visible” market – in the sense that the enforcers/regulators are completely aware of the infringement at the corner of the street in open view, outside busy supermarkets or shops, in individual homes, in the squatter settlements – its everywhere!

Fiji’s intellectual property regime Which IP conventions has your country signed?  The closest that Fiji has come to ratifying IP Convention is probably the Framework on Climate Change (Agenda 21) in 1993 – in the process Fiji collaborated action with US to study greenhouse gas sources as part of its commitment to protect intellectual property rights, including bioprospective and biosafety.  It seems Fiji has ratified PHONOGRAMS CONVENTION!  But NO, FIJI has not ratified Berne Convention or Universal Copyright Convention.

Fiji’s intellectual property regime To what extent are these enforced in local law? These are enforced laws of fiji:-  The Copyright Act (UK) 1956  The (Amended) Copyright Act 1999  The Patent Act  The Trade Marks Act  The Merchandise Marks Act  The United Kingdom Designs (Protection) Act  Fair Trading Decree – s56 – false and misrepresentation provision

Fiji’s intellectual property regime To what extent are these enforced in local law? These are currently in the pipeline:--  The Traditional Knowledge Bill – to protect traditional arts, culture, etc  The Broadcasting Bill – to have provisions requiring minimum local content  Amendment to the Fair Trading Decree – section 56 that deals with false or misrepresentation of country of origin and have it strengthened to protect by adding the term “Fiji” ( we have local products like “Fiji Water that is now not given legal protection for any misrepresentation)

Fiji’s intellectual property regime Are there any bilateral trade agreements on IP? No Is your country listed in the US 301 Watch List?301 Watch List No

Fiji’s intellectual property regime Is there much awareness of IP alternatives such as open source and Creative Commons licensing?  This is highlighted in the Laws of Fiji, Copyright Act 1999 Section 9.  But the no real awareness is created.

Other communications rights in Fiji Are blogs or monitored or censored? Yes, especially blogs that makes adverse comments regarding the interim regime. After the military coup in 2006, people could not post any comment on their blog pages as they were being censored. For different organizations, s are being monitored by the HR managers. Is Internet access filtered (and if so how?). Yes,. By using firewall protection, anti virus, spy ware detectors.

Other communications rights in Fiji Is “net neutrality” an issue in your country?  Yes, net neutrality is an issue in Fiji as State agencies and even private corporate companies do not permit internet users to visit or surf sites that are regarded as unlawful sites: (phonographic sites and hate/cult sites are common).  Also Sexual Harassment lawsuits can result under our human rights laws, for example, pornographic materials being viewed or circulated to other staff members who object to it, which has prompt many organization-heads to filter out such sites and blocking access.  Banks are very strict with non-office related materials to the extent attachments of certain size is blocked. It maybe accessed but prior authorization would have to be sought.

Other communications rights in Fiji What privacy and data protection laws exist? None.  Fiji does not have a Privacy Act although the Constitution of Fiji 1997 gives protection under Bill Of Rights provision. Constitutional application can be made to Courts for redress under this supreme law of the land for any violations/breach  Data is somewhat collected freely, & in most cases without any consent from the consumer and uploaded on what is called a “Data Bureau” – this is a privately owned company and financial institutions are common members who sustain its survival.

Other communications rights in Fiji To what extent does government policy favour software interoperability and open standards?  Not much. There is high cost involved in buying authorized and genuine products at full price - this can be very expensive for consumes in developing countries like Fiji – and so, this creates a sense of State laxity or lack of will to put in any policy.  In developing countries, severe inequalities in purchasing power means that for many access to knowledge there is a common practice of using unauthorized (pirated) goods. Fiji is no different.

Access to the Internet in Fiji Penetration of broadband, fixed-line and mobile Internet services (see this Web site for statistics)this Web site Broadband - Fixed-line broadband via ADSL, WiFi (wireless broadband via hotspots), fixed access wireless broadband and satellite broadband are now available. By July 2007, Paclink’s WiMAX installation had seen Fiji’s Fintel claim 68% of its Phase 1 target market, which comprised large enterprises and government departments, in Suva.

Access to the Internet in Fiji Country Fixed-line ADSL WiFi Fixed wireless Satellite :- Fiji X X X - Niue - X - - Guam X X - - New Caledonia X French Polynesia X - - X Cook Islands X X - - Papua New Guinea X X - X Vanuatu X Tonga - X X -

Access to the Internet in Fiji Laws or policies that impact on Internet access For Fiji, there are no specific laws or policies that impact on internet access. However different organizations have their own policies on internet usage such as the restrictions to certain websites during official hours. Viewing or circulating pornography is discouraged strictly.

Notable deficits in infrastructure, skills or content Fiji is a developing country and we are not as advanced as the 1st world countries. Internet was introduced to Fiji in For infrastructure, skills or content, Fiji is yet to upgrade its system. Internet usage is mostly enhanced in tertiary levels, and students from rural areas or those who have never had access to internet face a lot of difficulties. Notes, tutorials are all internet access based at USP as we there is satellite tutorials.

Access to the Internet in Fiji Affordability and accessibility issues Affordability – has become affordable in the last two year due to competition although in compassion to NZ or Australia, Fiji is still far too expensive. Accessibility – it is accessible almost all over Fiji via wireless connections.

Access to the Internet in Fiji Overall comments  The cost of internet access is not affordable to most families. With Fiji’s current economic situation internet access may not be a necessity.   Service delivery - is somewhat poor and consumers (personal or private) as opposed to commercial consumers are frequently questioning the slow access to internet, etc.

Conclusions Why have you joined CI's Global Consumer Dialogue on A2K issues? What do consumers in your country most need to get out of this project? How do you propose to contribute to our activities? How can CI help you?

Why have you joined CI's Global Consumer Dialogue on A2K issues? FACTS THESE ARE SOME VITAL FACTS THAT HAS PROMPT US TO JOIN:-  Fiji Government has lost about $40 million in Customs Duty and Value Added tax (VAT) in 2005 because of piracy, yet no action has been taken by the regulator, FIRCA against the pirate stores despite complaints by the industry (FAVIA).  According to FIRCA in 2005 over 3.3 million movie recording storage devices of various formats were imported into Fiji.  Fiji’s piracy rate is about 98% making Fiji’s piracy rate one of the highest in the world.  Major studios such as Sony Pictures who shot parts of the movie “Anaconda” in Fiji are very disturbed with Fiji’s lip service against piracy and do not wish to invest in Fiji thus potential investments worth several millions of dollars are being lost because of piracy.

Why have you joined CI's Global Consumer Dialogue on A2K issues?  Pornographic and violent films are being sold unlabelled to people of all ages including your young children.  Customers lose out on original value products and are being robbed of your consumer rights.  Fiji is rapidly losing local singers, artists, producers etc to overseas countries because of piracy and lack of enforcement.  Fiji subsequently loses out on favourable trade agreements due to piracy.

What do consumers in your country most need to get out of this project? So the reality is this:-  Fiji is hub for piracy.  Fiji is one of the target destinations for an organized video and audio piracy gang who have been shipping fake audio and video discs into the Pacific and the Asian region.

What do consumers in your country most need to get out of this project?  So, consumers need be made aware of the extent of piracy in Fiji, although it may be cheaper option to buying original product, it is not necessarily safe.  The legal ramifications in terms of prosecution and adverse impact on owners/authors for loss of revenue can also be reinforced.  Regulators and enforcers would be pushed to do their work to protect consumers from becoming victims of counterfeits and fake items floating around that may be detrimental to health.

What do consumers in Fiji most need to get out of this project?  IP protection to owners and consumers alike from being cheated is our biggest concern.  Efforts to protecting and enforcing intellectual property (IP) rights domestically are crucial to preventing millions of dollars in losses to Fiji, industry and IP rights owners.  The illegal importation and distribution of IP-infringing goods also poses a threat to the health and safety of Fiji citizens/consumers. Protection in this regard is also important.

What do consumers in your country most need to get out of this project?  However, the challenges involved in IP protection are significant and require effective coordination among a wide range of policy and law enforcement agencies.  Normally, multiple agencies work to protect IP rights and they must coordinate their efforts effectively. This means that there is need for:- (1)greater leadership and permanence in the national IP enforcement strategy and coordination structure; and (2)improvement in key agencies' criminal IP enforcement data collection and analysis.

How do you propose to contribute to our activities?  Provide as much information there is available regarding Fiji’s state of intellectual property and communication rights.  Raise awareness  Part take in any research or information- building exercise

Ms Joshika Samujh of Consumer Council of Fiji Manager, Alternative Dispute Resolution & Consumer Advisory 19 February

How can CI help you?