In a landmark case for Tonga, 40-year-old Afimeimo’unga Hola, of Popua has become the first individual to be convicted under the Electronic Communications Abuse Offences Act (ECAOA).
Hola was convicted of two counts of using a service to abuse and cause harm by posting an electronic communication.
He was sentenced to 11 months by Magistrate Penisimani Ma’u last week after pleading guilty in March 2022 at the Magistrate's Court, Nuku’alofa.
Hola went on Facebook abused and caused harm to the plaintiffs Rajnesh Narayan Reddy and Aman Lal.
In a live video on Facebook, Hola said, “The Indian nationals who each operates the two water tank companies, one with light green colour and the other with dark green colour, one at Hofoa and the other at the Small Industries, are those who import illicit drugs and assist with the production of methamphetamine here in Tonga and other drugs.”
Crown Counsel Tupou Kafa Vainikolo briefed that this was in fact a very serious crime that is trending nowadays with electronic communications and mostly through Facebook.
Hola, who has many followers on Facebook, not only broadcasted the offences but also enticed others to commit arson during his live.
Abuse and Damage
The complainants stated that it has ruined them emotionally and their company’s reputation (M&J Water Tanks & Rotomould Tonga Company Ltd), causing fear and anxiety.
Reddy testified that as a result, there was a blaze set to his business which caused damages of over $1,000. Lal added that it also damaged the financial state of his business.
Judgment
In section 4 of the ECAOA, any person that contravenes subsection (1) shall be guilty of a serious offence and shall be liable on conviction to a fine not exceeding $10,000, or imprisonment not exceeding 3 years, or both.
However, being the first case of its kind, a similar case from New Zealand, New Zealand Police v Spencer Stephens (2019) NZDC 2013 was adopted to guide the verdict in this case including other factors; a first-‐time offender, the provider for his family, had shown remorse over his actions and asked the complainants for forgiveness.
As a result, Afimeimo’unga’s sentence of 11 months imprisonment was fully suspended for 2 years with community service for 70 hours. During the suspension of the 2 years period, he must abide by the following conditions:
• Not to commit any further offences that have a term of imprisonment
• On probation
• Not allowed to defame anyone or company in any form of electronic communication
including Facebook with regards to illicit drugs, anyone who had not been taken to court and found guilty on illicit drugs; and
• Not allowed to instigate someone or company using any electronic communication, including Facebook, to commit an offence.
Tonga Police strongly reminds the public to refrain from posting abuse and causing harm to any person via social media. Not only that it is morally wrong, but it is a crime and will not escape the long arm of the Law.
Photo source Kaniva News Caption: Afimeimo’unga Hola