Govt. will get rid of Granger’s Cyber Crime Laws at ‘appropriate time’ — Minister Teixeira

Feb 14, 2022 News

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Kaieteur News – The People’s Progressive Party Civic (PPP/C) administration has signalled its intention to get rid of the Cyber Crime Act of Guyana, passed in 2018 by the then coalition administration, A Partnership for Unity + Alliance for Change (APNU+AFC), despite an outpouring of public criticisms at the time.

This objective was transmitted to the National Assembly this past week by Minister of Parliamentary Affairs and Governance, Gail Teixeira, who on Monday last defended a $299M allocation that comes under a department, for which there are only four contracted employees—Defence and National Security.
APNU+AFC Member of Parliament, Ganesh Mahipaul, during the consideration of the current allocations for that department, observed that there had been a marked increase in a specific line item which caters for telephone and internet charges. That allocation was increased from $805,000 last year—less than its then budgeted allotment of $990,000. This year, however, that allocation, with no staff increase, has seen an increase in its allocation for telephone and internet charges skyrocket to $35M.
The disparity between this year’s spending as against prior years, prompted the opposition MP to quip, “we want to know if they gonna tap our telephone,” or whether the money would be used for the purchase of “other spyware.”
He contended “I believe that we need some more clarity because the line item speaks to telephone and internet charges” and in the staffing details there is no increase in staff, “so who is benefitting.”
The Minister immediately retorted, “…we don’t have time with you. There are bigger fish to fry.”
To this end, she reminded that under the Interception of Communication Act, the ‘tapping’ of someone’s phone is lawful once sanctioned by a court and “were any security agency looking to tap they have to go to the court. The laws provide for interception for crime fighting.”
It was at this point in time that Minister Teixeira pointed to the “sedition law” reminding that it was the APNU+AFC government which had proposed the provision.
To this end, she used the occasion to remind the MPs present that it was the APNU+AFC administration that introduced the Cyber Crime Act, “…a retrogressive Act, and it will be removed at the appropriate time.”
The Cybercrime Bill which attracted country attention was approved in July 2018 by the National Assembly but with several amendments, including the removal of the controversial clause on sedition.

Although the Bill, prior to its passage, had received two Cabinet reviews, a Parliamentary Special Select Committee review, public consultations and input from experts, the then PPP/C administration was adamant Government should delay its passage, because the new amendments “did not go far enough to protect free speech and the rights of citizens.”
Then Attorney General and Minister of Legal Affairs, Basil Williams, who promulgated the legislation, at the time a Bill, insisted that the crucial amendments made demonstrated that the government is receptive and responsive to criticisms and committed to the democratic process.
“We recognise that passing of laws affect society and therefore those who will be affected should have an input in the legislative process,” he said at the time.
Since the passage the Cyber Crime Act, however, the same APNU+AFC when ousted and in opposition, complained vehemently whenever the law was used.
Cybercrimes under the now extant law includes the use of a computer to carry out illegal acts. Cybercrimes are usually done with the use of the internet and the different instruments that it has available.
Some penalties under the Cyber Crime Act attract as much as a $10M fine along with five years jail time.
A number of APNU+AFC MPs and supporters have seen the law being activated, including former Minister Annette Ferguson and MP Sherod Duncan, among other perceived supporters.
This publication understands that the Ethnic Relations Commission (ERC) had even sought legal advice with a view to having several overseas based Guyanese extradited from the US to Guyana to be held liable under the Cyber Crime Act for comments made about government members using social media.
Only recently photographer, Keron Bruce, who was arrested for allegedly being the man behind the “Mudwata” character, filed a lawsuit in excess of $100 million, against popular social commentator, Mikhail Rodrigues, popularly known as “Guyanese Critic.”
Bruce had been arrested on allegations that he is “Mudwata”. It was reported that several pieces of electronic equipment were seized and the police were also able to acquire some voice messages and when an analysis/comparison was done, there was a match with the “Mudwata” commentary.

He was later released on $100,000 bail pending the investigation. Through his lawyers, Anastasia Stanford and Tameika Clarke, Bruce filed a lawsuit against “Guyanese Critic.”
According to the document seen by this publication, Bruce claims that on January 29, 2022, Rodrigues made several false and defamatory statements on his Facebook live post via an account under the name, “Guyanese Critic” about the claimant.
Guyana’s Cybercrime Bill 2016 was presented by the then Attorney General and Minister of Legal Affairs, Williams.
It was first published on August 4, 2016. After the Bill was presented to the National Assembly, the proposed Section 18, ‘Sedition,’ caused a public outcry. On July 20, 2018, the Coalition Government using its one-seat majority passed the Cybercrime Bill but with an amendment expunging the controversial sedition clause.

 

 

 

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