Cussing up politicians on Facebook as a cyber crime in Guyana?

Guyana is fast catching up with technology. Cyber crimes will no doubt soon become part of the daily struggle, if not already so for many who have been subject to phishing attacks.. There is a draft Cybercrime Bill of 2015 which is in circulation.

The Bill proposes several offences :-

• Illegal access to a computer system.
• Illegal interception.
• Illegal data interference.
• Illegal acquisition of data.
• Illegal system interference.
• Offences affecting critical infrastructure.
• Illegal devices.
• Unauthorised receiving or granting of access to computer data.
• Computer-related forgery.
• Computer-related fraud.
• Identity-related offences.
• Child pornography.
• Luring.
• Violation of privacy.
• Multiple electronic mail messages.
• Harassment utilizing electronic communication.
• Corporate liability.
• Attempt, aiding or abetting.
• Offences prejudicing investigation.

A journalist had asked me for my views. I thought that the Bill pretty straight forward.  The offences of sharing child pornography, identity theft, hacking etc are known. A colleague in the Information Technology field also felt that all seems okay with the draft.

However, two lawyers on Facebook raised comments – one saying the Bill was the 'worst piece of legislation drafted' while another expressed concerns which were related to freedom of speech. Others it seems had similar concerns – “could my Facebook posts make be a cyber criminal?”

The proposed offence in Section 18 :Harassment utilizing electronic communication states the following

(1) A person who uses a computer system to–

(a) coerce, intimidate or harass another person with intent to cause emotional distress; or

(b) cyberbully, intentionally or recklessly, another person, commits an offence.

(2) A person who uses a computer system to disseminate any information, statement or image, knowing the same to be false, and who–

(a) damages the reputation of another person; or

(b) subjects another person to public ridicule, contempt, hatred or embarrassment,

commits an offence.

(3) A person who intentionally or recklessly–

(a) uses a computer system to disseminate any information, statement or image; and

(b) exposes the private affairs of another person, thereby subjecting that other person to public ridicule, contempt, hatred or embarrassment,

commits an offence.

4. A person who uses a computer system with the intent to extort a benefit from another person by threatening to publish computer data containing personal or private information which can cause public ridicule, contempt, hatred or embarrassment commits an offence.

(5) A person who commits an offence under this section is liable–

(a) on summary conviction to a fine of three million dollars and to imprisonment for three years; and

(b) on conviction on indictment to a fine of five million dollars and to imprisonment for five years.

(6) For the purpose of this section, “cyberbully” means to use a computer system repeatedly or continuously to convey information which causes–

(a) fear, intimidation, humiliation, distress or other harm to another person; or

(b) detriment to another person’s health, emotional well-being, self-esteem or reputation.

 Separating the online from the offline?
There is a viciousness in the language used online. I have seen people who face to face would never say things or stand up for anything express themselves in horrifying ways. My emotional well being has been affected by posts and I have unfollowed and unfriended people online who I have not unfollowed or unfriended in real life. I have also been blocked by people 'online' who did not necessarily block me in real life.  

There is an argument generally, about whether or not some cyber offences should be separated from 'real world' offences. There are probably problems in law and evidence , but should threats made online be a different  offences from threats made face to face? Should sexual harassment online be different from sexual harassment in the real world?

Would it be better to expand existing definitions of offences where possible to include the cyber related activities rather than trying to create a separate definitions?

Cyberbullying of children

The issues of cyber bullying and children and young people committing suicide, especially LGBTIQ children has raised concerns in many countries. The bullies, many times other children and young people , move their attacks from the physical spaces to the cyber world. 

In the United States, it seems however, that the Courts have upheld rulings that say that cyber bullying actions are "Freedom of speech " . This headline after a New York council tried to provide legislation "Cyber bullies get First Amendment [free speech] protection"

The discussion seems to be about putting the burden on schools to deal with cyber bullies rather than the criminal justice system. There is no legislation against bullying as such.

In Guyana, there are reports of bullying and school violence. There are few reports on what policies are in place to deal with bullying of any kind. I heard one anecdotal report from a senior teacher that students who were bullied wanted the bullies to be beaten by teachers.  

It is not easy for schools which have a huge burden to fix the mess generated by the society while also teaching reading and writing.

It is necessary to protect children from bullying in all forms.

Part VIII of Guyana's Protection of Children Act talks about offences against children which include prostitution, using children to sell drugs and selling liquor to children etc.

It would be good to include here a section on Bullying, including cyber-bullying. Language is unfortunately limited, and work would have to be done to put a serious offence in words. In New Zealand this year,  there were criticisms of the cyber bullying law.

Sexual Harassment

An  Op Ed in the Guardian by UK "Free speech is a bad excuse for online creeps to threaten rape and murder" by Jessica Valentini and this op ed in Al Jazeera by "Online bullying isn’t freedom of speech" by Laurie Penny give some views on the online sexual harassment.

I do not know there has been legal language to clearly define harassment. Sexual Harassment legislation is apparently pending in Guyana. The Prevention of Discrimination Act refers to Sexual Harassment in a workplace context. 

One business has implemented a Sexual Harassment policy which includes the offensive computer based communications as one of the forms of sexual harassment.

Cussing up politicians and public figures

 Senator Lorraine Higgins in Ireland initiated a bill about Harmful and Malicious Electronic Communications. 

 

She had been the recipient of death threats and there were references to her family in some of the threats.

The language is vicious.

Guyana's political landscape is even more vicious online. The elections periods sees some of the ugliest language used  - racist, sexist, homophobic. Fake profiles abound and graphics are created which are personal. And when the Ministers used public funds to fix their teeth , and when the stuff was shared online about the Attorney General anil nandlall  claiming he repaid money he borrowed, etc - the "embarrassment caused by the revelation of the private affairs " online could have been deemed cyber crimes.

In Guyana's context, what would be the 'line' to cross between free speech and threatening and intimidating behaviour and behaviour intended to shame? How to describe the difference between a newspaper editorial condemning the medical expenses, versus the more intense more personal cuss outs which happened on social media and the 'shaming ' of the public officials involved.
The discussion on Hate speech is linked to this discussion on online harassment.

Enforcement

The problems with all legislation in Guyana is enforcement. We can have wonderful laws but crappy enforcement. Any fan of Cyber-CSI would know the kind of skills needed to deal with cyber criminals. It would not be easy.