Section 7 of the SIM Card Registration Regulation provides that subscriber information held in the subscriber information database may be disclosed to a security agency, defined in Section 1 as the Royal Papua New Guinea Constabulary, which is the national police force, other State law enforcement bodies, or the National Intelligence Organisation; however, a licensee, meaning any telecommunications or electronic communications service provider licensed by the National Information and Communications Technology Authority (NICTA), may release such information only upon receiving a prior written request from the relevant security agency. This request must be in the prescribed form, state the rank of the requesting official, specify the purpose and reasons for the request, relate to the statutory functions of the agency, and be endorsed by the Attorney-General, who is a government minister, as well as by the National Intelligence Organisation and NICTA before being submitted to the licensee. Disclosure is prohibited where it would contravene the Constitution or any Act of Parliament, or where it would pose a threat to national security. The legislation does not require that such a request be supported by a judicial investigation, a warrant, or a court order.

A basic legal framework on intermediary liability for copyright infringement is absent in Papua New Guinea's law and jurisprudence.

A basic legal framework on intermediary liability beyond copyright infringement is absent in Papua New Guinea's law and jurisprudence.

The government owns shares in certain telecom companies. In particular, Telikom Limited (Telikom PNG) is wholly owned by the State through Kumul Consolidated Holdings and provides fixed-line services nationwide. Bemobile Limited (bmobile) is likewise a fully state-owned mobile carrier offering mobile voice, SMS and high-speed data services. In addition, PNG DataCo Limited is a state-owned entity mandated to build, own and operate the National Transmission Network (NTN) and to supply wholesale connectivity services to the ICT sector, including wholesale internet capacity for telecommunications operators, internet service providers and government institutions.

Papua New Guinea does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.

Papua New Guinea has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

The National Information and Communication Technology Authority (NICTA), established in 2010 under the National Information and Communication Technology Act 2009, is the executive authority responsible for supervising and administering services in the telecommunications sector. Pursuant to Art. 40 of the Act, NICTA is required to operate as an independent, autonomous and impartial body and to perform its functions without favour, prejudice or political or commercial interference.

Section 28 of the Digital Government Act mandates that the department responsible for information and communications technology establish and manage the Government’s Central Electronic Data Repository, which shall serve as the official facility for the backup of electronic data maintained by public bodies. This Repository shall comprise a primary physical electronic data repository together with any redundancy repositories established under Section 30, all of which must be synchronised and function collectively as a unified data storage system for compulsory backup and redundant data retention. The Central Electronic Data Repository must include an active operational software and hardware server, a storage software and hardware server, and a system processing software and hardware server. Public bodies that store data electronically are required, as regularly as practicable, to ensure that their electronic data is also backed up within the Central Electronic Data Repository as redundancy, within one year of the Repository’s establishment and publication by the Minister in the National Gazette. Under Section 30, the Department must also maintain one or more additional data centres for electronic data backup and redundancy, each of which must undergo daily synchronisation with the Central Electronic Data Repository, comply with the cybersecurity standards prescribed under the Act, and maintain a transmission system connecting it to the Central Electronic Data Repository.

Sections 22 to 27 of the Digital Government Act establish a centralised government network, cloud, and data infrastructure under the authority of the department responsible for information and communications technology. All public bodies are required to use the Government Private Network, which integrates the Central Electronic Data Repository, approved physical, virtual or cloud connectivity, and shared digital services, unless written approval is obtained to use an alternative network. The Act mandates the creation of a Government Leased Cloud Infrastructure, requiring public bodies to migrate all virtual private networks and digital services operating on external cloud infrastructure within one year, subject to limited, time-bound exemptions approved in writing, with unauthorised operation constituting an offence. The Department may further establish a Government Private Cloud Infrastructure, to be physically located in Papua New Guinea, into which public-sector electronic data must be migrated within a prescribed period, while offshore storage is permitted only on efficiency grounds, in compliance with standards, and with written approval following advice from the ICT Steering Committee. The framework is completed by the establishment of the National Electronic Data Bank, which will host the Central Electronic Data Repository, the National Cyber Security Centre, the Government Private Cloud Infrastructure (if established), other public-sector data servers, and all associated core infrastructure.

Papua New Guinea has not joined any agreement with binding commitments to open transfers of data across borders.

According to Art. 25 of the Investment Promotion Act, the Investment Promotion Authority (IPA) may grant a certificate authorising a foreign enterprise to carry on business in the country, and, subject to Art. 26, a foreign enterprise may not operate without such a certificate. Pursuant to Art. 28, a foreign company applies for an investment certificate by submitting, in the prescribed form, an application to the IPA together with copies of any agreements or documents relating to the management or proposed management of the company. The IPA must verify the accuracy of the information provided, assess whether the proposed activity is likely to contribute to the objectives of the Act, evaluate the applicant’s capacity to finance, establish and operate the enterprise, and review the applicant and any associated owners, directors or partners before granting the certificate on appropriate terms. The IPA must notify the applicant in writing of its decision to grant or refuse the certificate within 35 working days of receiving a complete and correct application.
It is reported that, although the country does not apply a formal minimum investment threshold, the IPA may, pursuant to Section 28(7) of the Investment Promotion Act, require a potential investor to deposit a prescribed amount prior to approval. The screening mechanism is understood to focus on assessing the net economic benefit of the investment and its consistency with the national interest.

According to Art. 54 of the Patents and Industrial Designs Act, where an applicant’s ordinary residence and principal place of business are outside Papua New Guinea, the applicant must be represented by a person who is ordinarily resident in Papua New Guinea.

According to Art. 32 of the Patents and Industrial Designs Act, the Minister may, upon the request of a government agency or any other person, authorise the exploitation of a patented invention without the consent of the patent owner, by notice published in the National Gazette. Such authorisation may be granted where the exploitation is required in the public interest – including for reasons of national security and predominantly to supply the Papua New Guinea market – or where the Minister has determined that the patent’s exploitation is anti-competitive and considers that the authorisation would remedy that anti-competitive practice.

Papua New Guinea is a party to the Patent Cooperation Treaty (PCT).

Papua New Guinea’s copyright framework is established under the Copyright and Neighbouring Rights Act 2000. The Act does not provide for an open-ended fair use or fair dealing standard. Rather, it sets out a closed list of narrowly defined exceptions, limiting lawful uses to specific, enumerated purposes that are subject to the principle of “fair practice”. This principle requires that any permitted use be compatible with fair practice and confined to what is justified by the relevant purpose. Sections 8–16 codify these exceptions, including, inter alia, quotation of a short part of a published work where the use is compatible with fair practice and does not exceed the extent justified by the purpose, and the reproduction of a short part of a published work for teaching, by way of illustration in written, audio, or visual materials, subject to the same fair practice conditions.