Proposed cybercrime bill… Int’l media watchdog group warns against penalties for whistleblowers and media

Apr 26, 2018 News

GPA President, Nazima Raghubir

An international media watchdog group has elevated Guyana on the world press freedom index while raising concerns about the negative impact the proposed cybercrime bill will have on whistleblowers and the media.
Guyana moved five places up on the Reporters With Borders (RSF) World Press Freedom Index from 60 to 2017 to 55.
“A draft cybercrime bill could penalize whistleblowers and media for publishing information collected ‘illegally’,” the report cited.
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.
The bill was sent to the Special Select Committee of Parliament for further deliberations.
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.
Attorney General and Minister of Legal Affairs, Basil Williams has announced that the Cybercrime Bill will be ready for Parliament by today’s sitting of the National Assembly.
The Guyana Press Association (GPA), led by Nazima Raghubir, welcomed the improved ranking with some reservations.
“This may seem somewhat of an achievement, but in reality there are still significant hurdles to be crossed before Guyanese can feel that an improved ranking really matters,” a statement from the GPA noted.
Among the issues raised by the GPA are the removal of existing criminal defamation laws in line with globally accepted standards; the deletion of offending sections in the cybercrime Bill that could result in further entrenchment of criminal defamation; the amendment to the Broadcasting Act to remove direct intervention in the programming schedule of radio and television stations, except in cases of emergencies; and political interference in the State-owned and privately-owned media by government and the opposition.
Further, the GPA cited the removal of columnists from the State-owned Guyana Chronicle;“a situation that appeared not to have bothered government and its professed commitment to press freedom and freedom of expression.”
“The Guyana Press Association hopes that the various actors associated with the above-listed observations will take remedial action to further enhance our ranking on Reporters Without Borders’ World Press Freedom Index in 2019,” the Associated stated.
Published every year since 2002 by RSF, the World Press Freedom Index is an important advocacy tool based on the principle of emulation between states.
The group noted that Guyana’s constitution guarantees free speech and the right to information, adding that officials often use its defamation laws—which provide for fines and up to two years in jail—to silence opposition journalists.
According to the publication, the members of the media regulatory authority are appointed directly by the President, which restricts the freedom of certain media outlets, which are denied licenses.
Recent attempts to improve regulation of the broadcast industry involved no consultation with any broadcasters, the report noted.
Further, the report stated that journalists are still subjected to harassment that takes the form of prosecution, suspension, and intimidation.
The Index ranks 180 countries according to the level of freedom available to journalists. It is a snapshot of the media freedom situation based on an evaluation of pluralism, independence of the media, quality of legislative framework and safety of journalists in each country.
It does not rank public policies even if governments obviously have a major impact on their country’s ranking. Nor is it an indicator of the quality of journalism in each country.

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