Urging the removal of the offence of sedition from the Cyber Crimes Bill 2016 because of the danger it presents to free speech, GTT has waded into the debate on the unpopular clause.
In correspondence seen by this newspaper, the telecommunications company raised objections to the proposed Bill. It also cited examples where similar pieces of legislation were discarded by the respective Governments.
“The offence of sedition seeks to limit the press and freedom of speech against the Government and should be struck from the draft as it would limit freedom of speech and thought of the people,” the correspondence dated April 25, 2018 stated.
Lincoln Lewis
“The Opposition of St Vincent and the Grenadines publicly struck out against it. This will limit the development of the freedom of the press in Guyana.”
Questioning whether any service providers were consulted prior to the Bill’s preparation, the company stressed the need for such consultation. It would not be the first time the Government has faced flak over implementing policies without consulting relevant parties first.
“As interested parties that store such data, they should be consulted in the process. Legislation that affects the relevant stakeholders should have their input prior to the passage of legislation.”
Recommendations
Questioning whether Guyana had a cybercrime unit, GTT cited similar circumstances in Jamaica. The company also noted that there should be a section in the Bill that addressed the liability of service providers.
“What about the passage of the Data Protection Act?” the company queried. “In other Caribbean countries, the passage of the Data Protection legislation was needed as auxiliary legislation to support the efficiency of cybercrime [laws].
“There should be a clause that speaks to the violation of privacy as noted at Section 16 of the draft of cybercrime legislation in Trinidad and Tobago. There should be a clause in the draft that speaks to limiting the use of the data, taking as precedence from the draft of the Cybercrime Bill of St Vincent and Grenadines clause 25.”
Laid in the National Assembly since 2016, Guyana’s Cyber Crimes Bill had catered for, inter alia: illegal access to a computer system; illegal interception; illegal data interference; illegal acquisition of data; illegal system interference; unauthorised receiving or granting of access to computer data; computer-related forgery; computer-related fraud; offences affecting critical infrastructure; identity-related offences; child pornography; child luring; and violation of privacy among a slew of other offences.
A Special Select Committee had been working on the Bill for the past few years and their report on the Bill was presented recently. That committee was composed of Attorney General Basil Williams, Public Security Minister Khemraj Ramjattan, Education Minister Nicolette Henry and parliamentarians Michael Carrington and Audwin Rutherford.
The Opposition People’s Progressive Party/Civic (PPP/C) was represented by Chief Whip Gail Teixeira and parliamentarians Clement Rohee, Anil Nandlall, and Gillian Persaud-Burton.
According to clause 18 of the Bill, persons commit an offence of sedition when they “attempt to bring into hatred or excite disaffection towards the government”. These provisions have, in fact, excited worry among social media users. They took to the medium in their numbers to register concerns that their freedom of expression would be trampled upon.
PPP General Secretary Bharrat Jagdeo has also vehemently denied his party supported the Bill. Meanwhile, Government’s explanation for the clause has been to say it falls under national security.
