Download Report

La voix des Consommateurs
à travers le monde
The global voice
for consumers
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
 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?
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 email 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, emails 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)
 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
1995.
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?
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 2009
www.consumersfiji.org
How can CI help you?