BVI Dictatorship Act: Governor Awaiting Premier's Repsonse To Concerns
The Computer Misuse and Cybercrime (Amendment) Act 2019) that was referred to as troubling, is back with the Premier for further consideration.
The Computer Misuse legislation was passed in the House of Assembly on October 18 and was awaiting assent by the Governor.
However, the legislation was flagged by the International Press Institute (IPI), which is a global network of editors, journalists and media executives. The organization expressed concern that the Act infringed on freedom of expression and freedom of the press; and called on the Governor to not assent to it.
In his update on the matter on Tuesday, December 17, Governor Augustus Jaspert announced during a press briefing that he wrote to Premier and Minister for Finance Hon. Andrew Fahie on the matter.
“I am aware that there’s been some concerns raised about it (Computer Misuse and Cybercrime Act) included from the media as well and I’ve written to the Premier about those concerns. At the moment it is with the Premier to consider how he wishes to move forward. Once I receive response from him I will consider how I take that forward,” Governor Jaspert said.
When the legislation was presented to the House of Assembly in August Premier Fahie during the presentation of the objects and reasons of the Bill explained that the legislation allows for the penalty for computer and cyber abuse to be significantly increased.
He also announced that the Bill contained stipulations for blogging on local news sites. These stipulations the legislators announced was a necessary deterrent to online bullying in the Territory.
Essentially members on both sides of the aisle agreed with majority of the changes that were proposed in the Act. Most keen on the amendment was Premier Fahie who announced that some of the amendments are expected to be enforced swiftly after the legislation is passed.
The IPI stated that it is concerned that the online criminal defamation provision of the Act “would stifle press freedom.”
The organization said that it looked at the legislation and became concerned about two clauses in particular; which it was explained can also affect freedom of expression.
“After reviewing the documents, IPI has raised concerns over two worrying clauses in the law which could have potentially harmful effects on press freedom and freedom of expression, while also leaving the small Caribbean archipelago out of step with its neighbours,” the article stated
Further IPI Director of Advocacy Ravi R. Prasad said, “If given final assent, these proposed amendments would send a shiver down the spines of journalists working in the British Virgin Islands”.
He further noted that legislations similar to these are being used to take action against the press in many countries.
“Governments around the world are currently using these kinds of insult and cybercrime laws to prosecute reporters and silence independent media. If the BVI leaves this possibility open to current or future administrations, it has the potential to create a chilling effect on the territory’s journalists,” Prasad added.
The first area of concern for the IPI is Section 14A of the Bill which stipulates that it is a criminal offence to send any electronic message that is “grossly offensive or has menacing character” or that is sent “for the purpose of causing annoyance or inconvenience”. According to the international organization this part of the Bill can used to target members of the media.
“The bill’s vague wording and broad scope means it would be open to misinterpretation and exploitation by government officials or powerful businessmen seeking to target journalists or commentators because of critical coverage. There is also concern about disproportionately harsh punishments included in the bill,” the article said.
The organization is also concerned about Section 14B of the legislation which criminalizes the use of a computer to defame another person. It was noted that this offence has penalties up to three years in prison and a $100,000 fine.
In relation to this IPI said, “The amendment effectively extends the country’s existing criminal code on defamation to the digital sphere. While criminal libel exists in the BVI, the law is very rarely enforced.”
However, the legislation was flagged by the International Press Institute (IPI), which is a global network of editors, journalists and media executives. The organization expressed concern that the Act infringed on freedom of expression and freedom of the press; and called on the Governor to not assent to it.
In his update on the matter on Tuesday, December 17, Governor Augustus Jaspert announced during a press briefing that he wrote to Premier and Minister for Finance Hon. Andrew Fahie on the matter.
“I am aware that there’s been some concerns raised about it (Computer Misuse and Cybercrime Act) included from the media as well and I’ve written to the Premier about those concerns. At the moment it is with the Premier to consider how he wishes to move forward. Once I receive response from him I will consider how I take that forward,” Governor Jaspert said.
When the legislation was presented to the House of Assembly in August Premier Fahie during the presentation of the objects and reasons of the Bill explained that the legislation allows for the penalty for computer and cyber abuse to be significantly increased.
He also announced that the Bill contained stipulations for blogging on local news sites. These stipulations the legislators announced was a necessary deterrent to online bullying in the Territory.
Essentially members on both sides of the aisle agreed with majority of the changes that were proposed in the Act. Most keen on the amendment was Premier Fahie who announced that some of the amendments are expected to be enforced swiftly after the legislation is passed.
The IPI stated that it is concerned that the online criminal defamation provision of the Act “would stifle press freedom.”
The organization said that it looked at the legislation and became concerned about two clauses in particular; which it was explained can also affect freedom of expression.
“After reviewing the documents, IPI has raised concerns over two worrying clauses in the law which could have potentially harmful effects on press freedom and freedom of expression, while also leaving the small Caribbean archipelago out of step with its neighbours,” the article stated
Further IPI Director of Advocacy Ravi R. Prasad said, “If given final assent, these proposed amendments would send a shiver down the spines of journalists working in the British Virgin Islands”.
He further noted that legislations similar to these are being used to take action against the press in many countries.
“Governments around the world are currently using these kinds of insult and cybercrime laws to prosecute reporters and silence independent media. If the BVI leaves this possibility open to current or future administrations, it has the potential to create a chilling effect on the territory’s journalists,” Prasad added.
The first area of concern for the IPI is Section 14A of the Bill which stipulates that it is a criminal offence to send any electronic message that is “grossly offensive or has menacing character” or that is sent “for the purpose of causing annoyance or inconvenience”. According to the international organization this part of the Bill can used to target members of the media.
“The bill’s vague wording and broad scope means it would be open to misinterpretation and exploitation by government officials or powerful businessmen seeking to target journalists or commentators because of critical coverage. There is also concern about disproportionately harsh punishments included in the bill,” the article said.
The organization is also concerned about Section 14B of the legislation which criminalizes the use of a computer to defame another person. It was noted that this offence has penalties up to three years in prison and a $100,000 fine.
In relation to this IPI said, “The amendment effectively extends the country’s existing criminal code on defamation to the digital sphere. While criminal libel exists in the BVI, the law is very rarely enforced.”
