Copyright is not adequately enforced online in the country. The unauthorised uploading and downloading of Fijian musical works is reportedly widespread, with no effective mechanisms in place to protect creators and their intellectual property. Stakeholders have noted that the Copyright Act 1999 has failed to incorporate any provisions addressing digital piracy.

Fiji has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.

Fiji has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Fiji lacks a comprehensive regime for the protection of trade secrets.

There is no obligation for passive infrastructure sharing in the country to deliver telecom services to end users. However, it is practised in the mobile and fixed sectors based on commercial agreements.

State participation remains significant in Fiji’s domestic telecommunications market, where Amalgamated Telecom Holdings Ltd (ATH) holds a dominant position in both the fixed-line and mobile segments. As of June 2024, the Fiji National Provident Fund (FNPF) owns 72.71% of ATH, while the Government of Fiji holds 15.25%, with the remaining 12.05% held by individual and institutional shareholders. In the fixed-line market, Telecom Fiji Ltd (TFL)—a wholly owned subsidiary of ATH—is the leading operator. FINTEL, also fully owned by ATH, is the main provider of international voice and data transmission services. In the mobile segment, Vodafone Fiji is jointly owned by ATH and FNPF, with a 51% and 49% shareholding, respectively. Additionally, the internet service provider Connect operates as a wholly owned subsidiary of TFL.

It is reported that Fiji does not mandate accounting separation for operators with significant market power (SMP) in the telecom market. However, functional separation has been an obligation since 2012.

Fiji has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

Fiji has a telecommunications authority, the Telecommunications Authority of Fiji (TAF), established under the Telecommunications Act 2008. However, it has been reported that the decision-making processes of TAF are not fully independent from government influence, raising concerns about the regulator’s institutional autonomy.

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

Fiji does not currently possess a comprehensive legal framework governing all aspects of personal data protection. Instead, it adopts a sector-specific regulatory approach. Various legislative instruments address issues related to electronic transactions, cybercrime, and consumer protection. Notably, the Telecommunications Promulgation 2008 sets out obligations for telecommunications service providers concerning the confidentiality of customer data and the requirement to obtain consent. In addition, the Online Safety Act 2018 seeks, among other objectives, to prevent the misuse of personal information in digital environments. Additionally, the Cybercrime Act 2021 includes provisions that criminalise, inter alia, unauthorised access to computer data.

Fiji has a copyright regime under the Copyright Act 1999. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 40-82 list the exceptions, which include use for criticism or review, news reporting, research or private study, educational purposes, and judicial proceedings. It is worth mentioning that the government refers to 'fair dealing' in its website, however the text of the law does not explicitly mention this term.

Fiji is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).

Lack of transparency in public procurement is reportedly a persistent issue among stakeholders in Fiji. There is a perception among foreign investors that there is a lack of transparency in government procurement and approval processes.