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Jul 23, 2018 News
– Attorney General
The Cybercrime Bill of 2016 which was passed in the National Assembly on Friday is just the beginning of Guyana’s battle against criminals operating in cyberspace.
This is according to Attorney General and Minister of Legal Affairs, Basil Williams who in presenting the Bill pointing to its overall strength in protecting children from sexual predators.
“This Bill provides for the offences of child pornography and child luring which are much needed to protect the children of our society. The use of ICT, particularly the internt, has provided child predators with easy access to children upon whom they prey and sexually solicit without even taking one step outside their homes,” Williams stated.
The Bill provides that a person who produces child pornography or offers to make available, distributes or transmits child pornography through a computer system commits an offence. Additionally, a person who uses a computer system to arrange a meeting with a child with the intent of abusing or engaging in sexual activity with a child or producing child pornography, whether or not the person takes any steps to effect such a meeting, commits child luring.
On child pornography, a person found guilty is liable on summary conviction to a fine of $10M and to imprisonment for five years or on conviction on indictment to a fine of $15M and to imprisonment for 10 years.
For child luring, the person is liable on summary conviction to a fine of $3M and to imprisonment for five years; or on conviction on indictment to a fine of $8M and to imprisonment for five years.
Further, the Bill also addresses cyberbullying, extortion and revenge pornography.
The Bill addresses the publication or transmission of images of the private area of a person. According to Williams, it provides that a person who captures, stores in, publishes or transmits through a computer system, the image of the private area of another person without that person’s consent commits an offence.
Williams also indicated that under the Bill, a person commits an offence if they use a computer system to harass, intimidate or coerce a person and if they provide false information about another person which damages the reputation of that other person or subjects that other person to public ridicule, contempt, hatred or embracement.
The fine for these offences ranges from $3-5M and to imprisonment for a maximum of five years.
‘The creation of cybercrime legislation is the first step in or battle against cybercrime. However, I want to state emphatically that the fight against cybercrime requires a comprehensive approach,” Williams stated.
He pointed out that this means that along with legislation, there needs to be training of law enforcement, prosecutors and judges as this is a new area for Guyana.
“This is a process that the Government is fully committed to and we endeavor to deploy the necessary resources to ensure success,” Williams said.
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