Following a public uproar, the Government has announced that the proposed Cybercrime Legislation will be sent back to Cabinet for Government to relook at the sedition clause.
Over the past few weeks, many citizens have taken to social media and the letters pages of the daily newspapers to register their concerns about the controversial piece of legislation. They have wasted no time in criticising the Government for what they believe is a retrograde step, aimed at stifling their right to free speech in what is supposed to be a democratic and free country.
Section 18 (1) of the Bill speaks to charging persons utilising cyberspace to register their dissatisfaction with the Government of the day. Section 18 (1) states: “A person commits an offence of sedition if the person, whether in or out of Guyana, intentionally publishes, transmits or circulates by use of a computer system or any other means, a statement or words, either spoken or written, a text, video, image, sign, visible representation, or other thing that brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in Guyana; advocates the use, without authority of law, of force as a means of accomplishing a governmental change within Guyana,” among other things.
It could be recalled that AG Basil Williams first read the Bill on August 4, 2016, and it was sent to a Special Select Committee, where it stayed for two years and was then sent back to the National Assembly unchanged. After it came back to the National Assembly, the contents created quite an uproar, since it was perceived that freedom of expression was being stifled by the legislation.
It should be noted, too, that the penalties are severe if one is found to be in breach of the proposed law. If this Bill is passed in its present form, one could easily find oneself paying millions in fine and spending years in jail — even for life — for publishing via electronic means, something the Government does not find favour with.
It also means that newspapers would have to cease publishing their online versions; since, almost every day, letter writers and commentators publish material that can be interpreted as an attempt to bring into hatred or contempt, or excite or attempt to excite disaffection, towards the Government.
At first, the administration seemed unmoved to relook at the Bill, with the Public Security Minister himself — leading the charge as to why the Bill should be passed in its present form — saying that it aims to protect the State. However, on Wednesday, AG Williams conceded that there has been much controversy in relation to this particular clause.
No doubt, the insertion by the Government of this provision in the Cyber Crimes Bill could mean, or could have, grave implications for freedom of speech in Guyana. The initial purpose of the Bill was to protect Guyanese and their children from the dangers of cyberspace. Instead, the Bill has been converted by the Government to one that, besides the original purpose, protects Government’s own interests.
In spite of all the talk about building a free and democratic country, and ensuring citizens’ rights are protected, the Government’s arrogance and contempt for the citizens of this country is becoming more apparent daily. In fact, after three years at the helm of political power, Government seems to have forgotten all the promises made to its supporters, and has become oblivious to the concerns of citizens.
The fact that members of the executive are pushing for such backward and possibly dangerous legislation shows that the APNU/AFC Coalition are more focused on ensuring their grip on power is not threatened in any way. It is therefore very encouraging to see the level of public pressure brought on the Government from almost every section of society to have the Bill reviewed. It is this same pressure that has forced them to make a decision to have the Bill resent to Cabinet to decide the way forward. It is hoped that the interest of the people will be placed above Government’s own self-interest this time around.
