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Law / Tonga

Computer Crimes Act 2003, unauthorised access

Computer Crimes Act, 2003 (Act 14 of 2003), s. 4 (Illegal access)

A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.

In force.

A computer misuse rule binding public and private bodies.

As of 5 September 2026.

What it requires

  • Do not access a computer system without lawful excuse; the offence does not require defeating a security measure, so whether reading a public, unauthenticated page falls within 'without lawful excuse' has not been tested by a Tongan court.
  • Do not access a computer tied to security, defence, communications, banking, public-utility, transport, or public-safety infrastructure; this carries a materially higher penalty and applies where the accused knew or ought reasonably to have known of that use.
  • A newer Computer Crimes Act 2025 (Act 15 of 2025) has been enacted on the same subject; whether it repeals or amends this Act is not established here, so this Act's provisions are the last confirmed state of Tongan computer-misuse law.

If you get it wrong

Criminal exposureYes

Private right of actionNo

Criminal exposure note

A fine of up to TOP 10,000 or imprisonment of up to two years, or both, on conviction for wilfully accessing any computer system without lawful excuse (s. 4(2)). A separate, higher penalty of a fine of up to TOP 100,000 or imprisonment of up to twenty years, or both, applies to accessing a 'protected computer' tied to critical infrastructure (s. 4(3)).

Penalty structure

This is the base unauthorised-access tier under s. 4(2), stated in the Act's text in dollars, understood as Tongan pa'anga. Accessing a 'protected computer' tied to critical infrastructure carries a higher fixed cap of TOP 100,000 and imprisonment of up to twenty years under s. 4(3).

Rule
Fixed only
As of
5 September 2026
Currency
TOP
Fixed cap
10,000

What it reaches

Obligation class

Access restriction

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

Section 4(2) makes it an offence for a person to wilfully, without lawful excuse, access any computer system, on conviction to a fine not exceeding $10,000 or imprisonment not exceeding two years, or both; unlike some other jurisdictions' computer-misuse statutes, the offence does not require that the accused defeat a security measure to gain access.

Section 4(3) sets a materially higher penalty, a fine not exceeding $100,000 or imprisonment not exceeding twenty years, or both, where the computer accessed is a 'protected computer' tied to security, defence, or international relations; the identity of a confidential law-enforcement source; communications, banking, financial, public-utility, transport, or public-key infrastructure; or public-safety and emergency services, and the accused knew or ought reasonably to have known of that use.

When LexLint raises it

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Read the law

Official English text, WIPO Lex
assented 18 November 2003, adopted by the Legislative Assembly 8 September 2003, no separate commencement clause stated

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