SIM card law faces court challenge

The Ombudsman Commission has filed a Supreme Court reference challenging the constitutionality of the SIM card regularisation 2016.
Chief Ombudsman Michael Dick and fellow ombudsmen Richard Pagen and Kevin Kepore said the regularisation required all device users in the country to register their mobile phone SIM cards.
“In Dec 2016, the head of state enacted the SIM Card Registration Regulation 2016 (SRC), acting in accordance with the advice of the National Executive Council under section 216 of the National Information and Telecommunications Technology Act 2009 (Nicta Act), purportedly in accordance with the constitution and the Nicta Act,” they said.
“The SRC regulation binds all licences (telecommunication service providers) and all persons who use SIM cards in PNG.” The commission said the SRC regulation raised questions pertaining to the Constitution, as to whether or not a subsidiary law restricted qualified rights and freedoms under the Constitution and complied with section 38 of the Constitution.
“The constitutional law provisions relevant are section 38, general qualifications on qualified rights; section 39 reasonably justifiable in a democratic society; section 44 freedom from arbitrary search and entry; section 45 freedom of conscience, thought and religion; section 46 freedom of expression; section 47 freedom of assembly and association and section 49 right to privacy,” it said.
The commission said it looked forward to any interested party joining the reference.