Nauru’s Communications and Broadcasting Act 2018

The Communications and Broadcasting Act 2018 of the Republic of Nauru was enacted to repeal the Telecommunications and Regulatory Affairs Act 2017. Its purpose is to establish the Nauru Communications Authority and define its powers and functions. This legislation aims to foster a modern communications environment, enhance regulatory oversight, and promote accessible, fair, and competitive telecommunications and broadcasting services for all citizens of Nauru.

Overview of the act

The Act is divided into several parts, each covering specific aspects of communications regulation. Below is an outline of its sections and their focus:

Part 1 – Preliminary

• Objectives: Outlines aims such as promoting accessible communication services, fostering competition, and monitoring retail rates.
• Definitions: Provides detailed definitions of terms used in the Act, such as “communications network,” “broadcasting,” and “service provider.”

Part 2 – Communications Authority of Nauru

• Establishes the Nauru Communications Authority, its structure, and responsibilities.
• Defines the roles and appointment criteria for members.
• Includes provisions for the Authority’s code of conduct, financing, and reporting obligations.

Part 3 – Decision-making process

• Covers consultation requirements, decision-making protocols, and enforcement mechanisms for decisions made by the Authority.

Part 4 – Tariffs

• Regulates the notification, publication, and approval of tariffs by service providers.
• Empower the Authority to set maximum tariffs to ensure fair pricing.

Part 5 – Communications licence

• Details the licensing regime for service providers, including application processes, conditions, renewal, and suspension criteria.

Part 6 – Spectrum management

• Assigns responsibility for managing the electromagnetic spectrum to the Authority.
• Includes provisions for resolving interference disputes and aligning spectrum usage with international standards.

Part 7 – Interconnection

• Mandates interconnection among service providers and outlines the resolution of related disputes.

Part 8 – Relations between service providers and subscribers

• Protects subscriber confidentiality and regulates how service providers handle communications and personal information.

Part 9 – Standards for equipment and apparatus

• Establish certification standards for telecommunications equipment and provide regulations for infringing equipment.

Part 10 – Numbers

• Introduces a national numbering plan and assigns responsibilities for the efficient use of telecommunications numbers.

Part 11 – Access to property

• Governs the rights of service providers to access properties for installing and maintaining communication infrastructure.

Part 12 – Enforcement

• Grants powers to authorised officers for enforcing compliance, including entering premises and seizing equipment if necessary.

Part 13 – Appeals against decisions or orders

• Outlines procedures for appealing decisions of the Authority to the Supreme Court.

Part 14 – Fair competition in communications industry

• Promotes competition by prohibiting anti-competitive practices, misuse of market power, and unfair mergers or acquisitions.

Part 15 – Social content regulation

• Sets broadcasting standards and regulates content, censorship, and compliance with national interests.

Part 16 – Internet service providers and host service providers

• Provides for mandatory filtering and reporting of certain online content, including child pornography.

Part 17 – National security and public emergencies

• Grants special provisions for communication services during national emergencies or security concerns.

Part 18 – Miscellaneous

• Covers administrative and legal responsibilities of the Authority and its staff, including liabilities and offences.

Part 19 – Repeal

• Repeals the Telecommunications and Regulatory Affairs Act 2017 and includes transitional provisions for ongoing matters.