Cybercrime Bill ready for Parliamentary passage – Attorney General

Apr 17, 2018 News

Attorney General, Basil Williams

In the age of technology, cybercrimes such as computer fraud, hacking, copyright infringement, unwarranted mass-surveillance, sextortion, and cyber bullying are becoming increasingly prevalent.
While Guyana currently lacks the capacity to tackle such crimes, efforts geared towards the introduction and implementation of cybercrime legislation has been taking place.
Two years ago, the draft cybercrime legislation came on stream. The Cybercrime Bill 2016 provides for the creation of offences related to cybercrimes, such as child pornography, hacking, identity theft and cyber bullying, as well as related penalties.
It covers a wide range of areas including illegal access to a computer system, illegal interception of data, illegal data interference, illegal acquisition of data, and illegal system interference.
Penalties for these offences are a fine of $3 million and imprisonment for three years upon summary conviction and on conviction on indictment, a fine of $5 million and imprisonment for five years.
Speaking at recently held training programme for State Prosecutors, Attorney General and Minister of Legal Affairs, Basil Williams, announced that the Cybercrime Bill will be ready passage of Parliament by the next sitting of the National Assembly on April 26 next.
Williams told reporters that the draft Bill was just completed in the Special Select Committee, and it will be going to the floor of Parliament for passage.
Once cleared by Cabinet, the draft legislation will be presented to the National Assembly.
The legislation was presented to Cabinet prior to a series of consultations and adjustments.
Emphasizing the need for such legislation, Williams said that the technological era brought with it the 21st century phenomenon of cybercrimes.
“A new type of crime has surfaced; this legislation is aimed at tackling such crimes. It treats with the creation of cybercrime offences, and contains provisions for penalties, investigations and prosecutions of such offences.”
The Attorney General pointed out, too, that with the Cybercrime legislation soon to come into force, there is need for State prosecutors to be equipped with the knowledge and skills to deal with cybercrime offences.
According to Williams, the proposed cybercrime legislation is the first step in establishing a comprehensive approach to fighting online crime and ensuring users are protected.
He stressed that it is essential in providing for investigative methods that will enable law enforcers to prosecute offenders.
“Business owners want to be sure that countries, in which they operate, provide mechanisms to ensure that these crimes do not go unpunished and legal avenues are provided in which these businesses may be compensated for their losses.”
“Since the development of Information and Communication Technology (ICT) over the last few decades, it has revolutionised the world and has significantly impacted every aspect of our lives.
It has changed the way in which we communicate, study, shop, conduct our business, among others. This revolution of the ICT has led to the emergence of a different type of crime – cybercrime,” he said, while noting that cybercrime is prevalent in every nation.
The Minister of Legal Affairs said, too, that citizens need to be sensitised and educated about cybercrimes to prevent or reduce the risk of becoming victims. Cybercrime constitutes criminal activities, which occur online, including 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 sleuth of other offences.

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