Back in 2018, the PNC Government received widespread condemnation when they drafted and debated a draconian bill on Cybercrime in the National Assembly. The concerns had been centred on the old Common Law crime of sedition being dragged into the now all-pervasive social media. Section 18 (1) of the bill stated: “A person commits an offence of sedition if the person, whether in or out of Guyana, intentionally publishes, transmits or circulates by use of a computer system, a statement or words, either spoken or written, a text, video, image, sign, visible representation, or other thing, that (a) brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in Guyana.”
Imagine that!! Anyone criticizing the Government and bringing “contempt” towards them could’ve been criminally charged with sedition!! So, if, in 2020, folks had accused the PNC Government of attempting to rig the elections, they could’ve been thrown into the slammer for five years. Since by then Granger had already put James Patterson in place at GECOM, this isn’t just idle speculation.
Fortunately, Granger and company had to bow to the intense pressure, and Article 18(1) was excised.
But the amended Cybercrime Act (2018) Granger signed into law still listed a host of activities disseminated over “computers” as “criminal acts”. As such, these, by definition, were crimes against the state, for which the police could then take action by arresting transgressors and having them tried summarily in the magistrates’ courts. In this case, the punishment would be 3 years’ imprisonment with a fine of $5M. If the person was charged indictably, the matter would go to the High Court, and, on conviction, a fine of $10M and imprisonment for 3 years would be imposed.
Now, threatening to murder anyone – much more the President of the land – over cyberspace has gotta be waaay up there on a list of criminal activities that must be prosecuted. And it’s alleged that this is exactly what one social media broadcaster facilitated on his Facebook page!! This fella has been allowed to get away with illegalities galore – such as defamation, rebelling against the state a la the “Buxton Freedom Fighters” etc – over the past few years by entertaining very specific discussions against the Government in general and individuals associated with it in particular. Well, bucket does go to the well every day, till one day it battam drop off!! The police just hauled in the miscreant, and he should be charged by the time you read this, dear reader.
Your Eyewitness expects that all the old tropes of “political victimization”, political prisoner etc, would be hauled out!! But, as old people say, “All smart fly does end up in cow backside”!!
…for abusing “free speech”
Your Eyewitness is quite pleased the police took cognizance of the crimes being committed in cyberspace. With the cybercrime law on the books for over five years, he was amazed so many persons were getting away with “verbal murder”; especially with a host of Facebook-broadcasting hosts pushing the PNC’s scorched earth policy against the PPP.
Now, in democracies, we must acknowledge the sanctity of “free speech”; but, as with every right, this right isn’t unlimited, and must be balanced against the rights of other citizens. There’s the old saw: “the right to swing your arms ends at the tip of my nose”! Or as expressed by a US court, you don’t have the right to yell “FIRE!!!” in a crowded theatre. Free speech shouldn’t be incendiary speech!
When a public figure’s involved, there’s some wriggle room under the doctrine of “fair comment” for defamation…but a call to murder?? We got too many guns out there, with happy fingers on the triggers. We gotta draw the line!!
…for nitpicking
No wonder crime spiralled out of control after 2002. Imagine, one former Asst Inspector saw a sign with our flag colours and complained that THE FLAG had been desecrated!! He probably saw the 5 escaped prisoners as choir boys led astray!!
The post Gotcha …terrorism abettor!! appeared first on Guyana Times.