Minister of Industry, Innovation and Trade Marsha Caddle has called out Barbadians for the malicious dissemination of information online.
This was done during yesterday morning’s discussion of the Cybercrime Bill 2023 in the opening session of the House of Assembly. Caddle said that she believes that Barbadians have regrettably gotten to a place where they have scant respect for information.
“Just because I get sent something on my phone does not mean that it passes the test of that which should be transferred, that which should be shared with a third party or that which should be the subject of wide discussion,” she explained. “I fear that because information is so accessible we almost feel like hitting send absolves us from any responsibility.”
She also informed the House that the Law Reform Commission adjudged the Computer Misuse Act 2005 to be woefully inadequate for 2024 and beyond. That assessment was made after it was deemed that the Act didn’t factor in addressing cybercrime calls for legislative response to the newest in technology and technological approaches and to the extent that it must allow for national cooperation in matters where physical boundaries do not exist.
The Minister revealed that it was on that basis that the Commission accepted the offer of assistance from the Council of Europe’s Convention of Cybercrime known as the Budapest Convention. Signed on November 1, 2001 and effective since July 1, 2004, the convention is the only binding international instrument relating to cybercrime which serves as a guideline for any country that is developing comprehensive national legislation against cybercrime.
The Cybercrime Bill 2023, if passed, will provide for the combatting of cybercrime and the protection of legitimate interests in the use and development of information technologies. It will also allow the facilitation of international co-operation in computer related crimes and related matters.
The Bill outlines prohibited conduct that will be punished if found guilty. Malicious communications, such as what was discussed by Minister Marsha Caddle, would warrant a punishment of a fine of $70 000 or imprisonment for a term of seven years or both. The legislation defines it as a person who intentionally or recklessly uses a computer system to publish, broadcast or transmit computer data that intimidates a person, threatens to use violence towards them or a family member or damage the property of a person or the property of their family.
Cyberbullying is an offence that would be punishable by a fine of $70 000 or prison sentence for a term of seven years or both. It was defined as a person who intentionally uses a computer system to:
publish, broadcast or transmit data that is offensive, pornographic, indecent, vulgar, profane, obscene or of a menacing character or causes any such data to be so sent.
for the purpose of causing annoyance, inconvenience, danger, obstruction, embarrassment, insult, injury, humiliation, intimidation, hatred, anxiety or causing substantial emotional distress to that person.
It also tackles child groomers, defining them as a person who intentionally or recklessly uses a computer system to befriend, manipulate, communicate with or establish a connection with a child in order to abuse the child, whether sexually or otherwise, is guilty of an offence and is liable on conviction on indictment.
The punishment for individuals found guilty of this offence is:
a fine of $100 000 or to imprisonment for a term of ten years or to both
in the case of a corporation, to a fine of $250 000.
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