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Cybercrime law
Editorial…
Kaieteur News – Over a year ago, this was said in a public forum, “Something has to be done about the use of social media as a weapon against the citizens of this country…A government can stand idly by in the face of such onslaught against its citizens, that government will be failing in its responsibilities.”
The source of those comforting words was none other than Guyana’s Attorney General, Anil Nandlall, SC. It was healthy that Nandlall unstuck his head from below the sand, a worthy achievement by itself. In his second inaugural address, President Ali also spoke of going full blast against those who use social media platforms to attack and heap abuse on citizens. Guyanese could be in for a change in its cybercrime law, and how much of a change will demonstrate the PPPC Government’s sincerity in addressing social media excesses that tarnish those who speak out in Guyana.
The political opposition has its grouping of supporters that are known social media abusers, cybercrime ruffians. Truth be told, the PPPC Government itself has its teams of social media agents that are given a free hand to target and vilify citizens who utilize their constitutionally right to freedom of expression. To be bold enough to share publicly where the government has done wrong is to invite all manner of abuse from those believed to be from deep in the bowels of government. The attorney general was all pious energy in 2024, so he now has an opportunity to step up on his commitment that “something has to be done…” It is likely that the government will do “something”, but as to its implementation, that’s open to question. Unless there is radical change, and a new cybercrime law is used as the spearhead to bring about that change, then Guyanese can expect nothing but business as usual. That is, big speeches from PPPC spokespeople and not much of anything else.
Will a new cybercrime law make a difference? It could, if it is crafted with the comprehensive provisions needed, and with one more aspect following, a nonnegotiable aspect. Such a law must apply across the board at government affiliated, opposition affiliated, and the probably nonpolitically oriented violators of that law.
Anything less will render any cybercrime law that may be in the making not worth the effort expended. What would be the use of the law, its deterrent power, if it applies to some, and it shields some? The onus is on the government as the designer of laws, and the upholders of the law, to stop talking and start acting honestly and meaningfully. In fact, Section 19 of the existing cybercrime law has enough in it that empowers the government to go after those who violate its provisions. The record indicates that the government has been selective in its use of that section of the law against those who attack and revile citizens. If the government has been that reluctant to be the most robust champion of that law, or any of the Laws of Guyana, then what is to be expected of its standards when a new cybercrime law is official?
The Commonwealth has called upon governments to reform regulations so that the sanctity of freedom of expression is protected, regardless of who is enraged. President Ali only recently on his second big day told his assembled listeners that efforts are underway to deal appropriately with those who misuse social media to bring others into disrepute. We think that that is an encouraging development, but only insofar as the government’s efforts do not spare those abusers and violators who are from within its ranks. When the law is applied fairly, then there is much to recommend it. When it is used to target perceived enemies, then it is not the law that is in operation, but a continuation of past, known lawlessness.
Further, no sitting government should ever be involved in violating laws, be they through cybercrimes by its agents, or from regular crimes by its village followers. The PPPC Government may try, but it cannot shake the taint of dedicated platforms populated by dirty social media operators who commit crimes against citizens, but to whom the law doesn’t apply.
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