Sharing child pornography carries jail time, $$$M fines

Apr 02, 2023 News

---

By Renay Sambach 

Kaieteur News – Sharing child pornography (any visual depiction of a minor engaging in sexually explicit activity) is a criminal offence under the Laws of Guyana. It would be important to note that not only is it illegal to produce child pornography, but it is also a crime to distribute or be in possession of child pornography. These offences carry jail time and hefty fines.

In Guyana, there is a Cybercrime Act, and for those unfamiliar, Cybercrime is 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 have internet access, and it appears that most people are not aware of this Act and the penalties that are attached to offences that fall under this Act.

Just recently, a popular Facebook page shared a post with minors purportedly engaged in sexual activity. It wasn’t long after the page decided to remove the post and issued a notice of retraction and encouraged others to do the same.  However, by then the screenshot and video of the minors had already made its way across several social media platforms with persons seemingly thrilled to share the child pornography.

SECTION 14/CHILD PORNOGRAPHY

This section of the Act stipulates: “A person commits an offence if the person intentionally: produces child pornography for the purpose of its distribution through a computer system; offers or makes available, distributes or transmits child pornography through a computer system; procures or obtains child pornography through a computer system for himself or another person; or possesses child pornography in a computer system or on a computer data storage medium.”

“A person or service provider who has knowledge of another person committing child pornography through a computer system shall report the commission of the child pornography to the police.”

“A person or a service provider who fails to comply with subsection (2) commits an offence. A person who commits an offence under subsection (1) or a person or service provider who commits an offence under subsection (3) is liable…”

According to the law, anyone who is found guilty of child pornography at the Magistrates’ Court level, where the matter is tried summarily, will be liable to a fine of $10M and five years’ imprisonment. If the matter is tried indictably and the person is found guilty of child pornography in the High Court, he or she will be liable to a fine of $15M and 10 years imprisonment.

In April 2020, two videos of child pornography surfaced and they went viral on Guyana social media platforms. After the video surfaced, the taxi-driver that videoed the act went into hiding. However, after some months, he was arrested, charged and put before the court.

According to reports, the first video showed the taxi driver and an underage girl sitting in the back of his car. The man then unzipped his pants, revealing his private part, after that the underage girl was then seen performing oral sex as the taxi-driver videoed the act.

The second video later surfaced with the same taxi-driver and another underage girl. Not only is it an offence to rape, or sexually assault a minor, but it is also an offence to record any sex act with a minor. That offence is called ‘child pornography.’

BACKGROUND

Guyana’s Cybercrime Bill was presented by the then Attorney General and Minister of Legal Affairs, Basil Williams. It was published on August 4, 2016. After the Bill was presented to the National Assembly, the proposed Section 18, ‘Sedition,’ had caused a public outcry. However, on July 20, 2018, the Coalition Government used its majority to pass the Cybercrime Bill with an amendment expunging the controversial sedition clause.

Since the passage of the Bill, numerous persons were charged, put before the court and even convicted.

Cybercrime offences are: illegal access to a computer system, illegal interception, illegal data interference, illegal acquisition of data, illegal system interference, illegal devices, unauthorised granting of access to or giving of electronic data, computer-related forgery, computer-related fraud, offences affecting critical infrastructure, identity-related offences, child pornography, child luring, publication or transmission of image of private area of a person, multiple electronic mail messages and fraudulent website, offences against the State, using a computer system to coerce, harass, intimidate, humiliate, etc., a person, infringement of copyright, patents and designs and trademarks, corporate liability, attempt, aiding or abetting, use of computer system to commit offence under any other law, offences prejudicing investigation.

For those who wish to review the Cybercrime Act, see link: https://parliament.gov.gy/publications/acts-of-parliament/cyber-crime-act-2018

To share any useful information, you can contact me via email: [email protected]

 

---

---