GPA urges decriminalisation of cyberspace defamation

World Press Freedom Day

The Guyana Press Association (GPA) in its World Press Freedom Day message used the opportunity to reiterate calls for the criminalisation of defamation via the internet clause to be removed from the Cybercrime Bill.
“We believe that if the legislation is passed in its current form, it could potentially be utilised to criminalise defamation via the Internet. The GPA is extremely concerned that if our submission to remove this provision is not taken on board it shall enact a provision that appears to be direct in contrast to the abolition of criminal defamation in several Caribbean and other countries,” the association said.
In March, government held consultations on the draft Cybercrime Bill to garner the opinions, comments and criticisms of stakeholders in relation to the bill which was prepared by the Ministry of Legal Affairs.
During those consultations, GPA Executive Member Enrico Woolford had questioned whether or not media practitioners would be subjected to the law especially where penalties were spoken of for persons violating another’s privacy through the Internet.
Woolford had asked if the media personnel would be penalised if they facilitated in the exposure of the private affairs of another person leading to negative outcomes.
He said it is especially important since despite the recognised need, there is no press freedom legislation other than the constitutionally guaranteed right to freedom of expression.
In response, Attorney General and Legal Affairs Minister Basil Williams had explained that in civil libel matters, justification of the fact must be established. “If someone publishes an article about you, your defence is whether it’s true, or justification appears as a matter of public interest… there must be a clear substantive of the facts and a clear criticism of the substantive facts…” he stated.
Reports indicate that the Attorney General had pointed out that the matter of malice will also play a role in determining the case.
According to the draft Bill, anyone found guilty of computer-related forgery can be made to pay a $5 million fine and serve a five-year prison sentence.
The Bill stipulates that anyone who intentionally and without lawful excuse or justification inputs, alters, deletes or suppresses computer data, resulting in inauthentic data, with the intent that it be considered or acted upon for legal purposes, as if it were authentic, regardless of whether or not the data is directly readable and intelligible, commits an offence.
In the circumstance such an individual is liable, on summary conviction, to a fine of $3 million, and to be imprisoned for three years. On conviction, such person/s is liable to a fine of $5 million, with a five-year prison sentence.
In addition, persons who disseminate information after being convicted will be fined $20,000, and he/she will also be liable to a three-year prison term.
The Bill also outlines the penalties for computer fraud, in the sense that anyone who commits an offence deemed to be computer fraud will be dealt heavier penalties, with a summary conviction carrying a $5 million fine, as well as a five-year prison term. In addition, if convicted, the penalties will be doubled.