Cybercrime Bill redrafted

AFTER SEVEN MEETINGS, 48 written submissions and 12 orally, the Cybercrime Bill, 2024, has been redrafted and now features a stiffer penalty for offenders.

The amendments were outlined in the more than 800-page Report Of The Joint Select Committee (Standing) on Governance And Policy Matters On The Cybercrime Bill, 2024, And The Mutual Assistance In Criminal Matters (Amendment) Bill, 2024.

Regarding the submissions, which were made by groups, concerned individuals, members of the legal fraternity and even an online petition website, the committee, chaired by Member of Parliament Edmund Hinkson, highlighted the main concerns.

“The majority of the submissions to the committee highlighted issues relating to freedom of expression, vagueness of the language as it related to the offences, the broad nature in which the language is written, and the uncertainty as to whether or not the terms can be objectively identified by the members of the public as something that is criminal.

“One of the main criticisms of the Cybercrime Bill is the concern over an apparent curb in the freedom of expression. The Commission, by a majority, held the view that the right to freedom of expression is not a right given in absolute terms. The Barbados Constitution at Section 20 provides for laws to be passed to limit that expression, provided that those limits are reasonably required in the public interest and also to secure the rights and freedom of others,” it stated.

“The intent of the bill is not to unduly restrict people from expressing themselves, but from doing so in a manner by way of electronic means, on the Internet, that would interfere with other persons, or is likely to cause harm or effect change in the conduct of persons by way of some malicious or offensive actions.”

Amendments

The amendments included adding a definition of “without authority”; deleting the words “annoyance”, “inconvenience”, “obstruction”, “embarrassment” and “insult”, and word substitutions.

The major change, however, was to Clause 19, malicious communication, and Clause 20, cyberbullying.

While the summary conviction of a fine of $70 000 or imprisonment for seven years or both remains, the following was added: “(B) On conviction on indictment to a fine of $100 000 or to imprisonment for a term of ten years or to both.”

The report concluded that the committee agreed to these amendments after “robust discussions”.

“Though the Committee may not have agreed with all the concerns raised or with all the suggestions and the recommendations put forward, it is forever grateful for the different perspectives and views shared which valuably assisted it in making the relevant amendments reflecting greater transparency and accountability,” it stated.

There were no further changes to the Mutual Assistance In Criminal Matters (Amendment) Bill, 2024.

The work of the Joint Select Committee began in April after a month’s delay, but it asked for more time to submit its report due to the high number of submissions. In May, the Barbados Bar Association said the then iteration of the Cybercrime Bill was flawed and could end up being challenged legally.

The final committee meeting was held in July at the Parliament Buildings and the report was laid in the Senate two weeks ago before it was sent to the House of Assembly. The report is also available on Parliament’s website. (CA)