Cyber crimes to carry stiff penalty

WHEN the cyber-crime legislation becomes effective in Guyana, anyone found guilty of computer-related forgery can be made to pay a $5M fine and serve a five-year prison sentence.The offence is among several deemed to be cyber-crimes, as outlined in the Cyber Crimes Bill 2015.The Bill is expected to be presented in the National Assembly by Attorney-General (AG) and Minister of Legal Affairs, Basil Williams.
According to the Bill, a person who intentionally and without lawful excuse or justification inputs, alters, deletes or suppresses computer data, resulting in inauthentic data, with the intent that it be considered or acted upon for legal purposes, as if it were authentic, regardless of whether or not the data is directly readable and intelligible, commits an offence.

In the circumstance. such an individual is liable, on summary conviction, to a fine of $3M, and to be imprisoned for three years.
On conviction, such person/s is liable to a fine of $5M, with a five-year prison sentence. In addition, persons who disseminate information after being convicted will be fined $20,000, and he/she will also be liable to a three-year prison term.The Bill also outlines the penalties for computer fraud, in the sense that anyone who commits an offence deemed to be computer fraud will be dealt heavier penalties, with a summary conviction carrying a $5M fine, as well as a five-year prison term.In addition, if convicted, the penalties will be doubled.

CYBERBULLYING
Cyberbullying, which is bullying through the use of technology, is also deemed an offence, according to the Bill. It states that to cyberbully another person, intentionally or recklessly, is deemed to be committing an offence.According to the Bill, “a cyberbully” is someone who uses a computer system to repeatedly or continuously convey information, which causes fear, intimidation, humiliation, distress or other harm to another person. The actions of such persons become detrimental to another’s health, their emotional well-being, self-esteem or their reputation.

Child pornography, as an offence, is also clearly defined by the Bill. Anyone who intentionally produces child pornography for the purpose of its distribution through a computer system, or who offers or makes available child pornography through a computer system, is guilty of an offence.In addition, anyone who distributes, transmits, procures or obtains child pornography through a computer is also guilty of an offence. If summarily convicted, such individuals are liable to pay a fine of $5M and a five-year prison term. If convicted, the penalty is doubled.

PUSHING FOR LEGISLATION
The government has been pushing to pass cybercrime legislation. According to a Guyana Chronicle report in August this year, it was deemed a priority by the AG, given the advancement and increased dependency on technology here.In August, this newspaper also reported that a National Cyber-Security Sensitisation Workshop was held with the aim of examining Guyana’s legal framework, and the need to develop a national strategy to address the subject.
At the workshop, Minister of Public Security Khemraj Ramjattan told participants that in addition to public awareness and training, cyber security should be taught in primary and secondary schools.

By Alva Solomon