Sexual Misconduct

“The Cyber Crime and Computer Misuse legislation, which was recently assented to by His Excellency the Governor [Augustus J. U. Jaspert], for which we thank His Excellency, will also address some aspects of this matter and as legislators we make no apology for the severity of the penalties,” the Premier said at today’s February 25, 2020, Fifth Sitting of the Second Session of the Fourth House of Assembly.

Hon Fahie noted that irrevocable damage can result when one’s reputation is tarnished from the misconduct associated with having a video leak online. “There is not enough money in the world that can be paid to ensure that when one’s reputation is tarnished it can be put back white as snow,” he said.

Lingering as part of the Computer Misuse, and Cyber Crime (Amendment) Act of 2019; however, are some free speech concerns which many, including international media watchdogs, say would be used to prosecute and silence the media in the Virgin Islands.

Governor stalled bill before assenting

Governor Jaspert, before assenting to the bill, had admitted to stalling the bill over the concerns he claimed were legitimate and should be addressed.

"Those are important issues, What is the right of the media to cause inconvenience or annoyance?... Is it right or wrong that a journalist can cause inconvenience?...those are some of the issues that are being debated," he said.

Mr Jaspert noted; however, that in order to ensure the importance of freedom of speech for citizens and that journalistic comments are protected, recommendations were made for the local Director of Public Prosecutions (DPP) to consider the drafting of guidelines.

These guidelines he said would help to ensure that the offences created under the act as amended, "can be prosecuted fairly and effectively without compromising freedom of speech guaranteed by the Virgin Islands Constitution Order 2007, particularly protection for those commenting online and for journalistic reporting."

The Governor said his view also is that freedom of expression can, and should, include the right to appropriately say things that others may not want to hear.

VIP Gov’t won't silence media – Premier Fahie

At today's House Sitting, Premier Fahie said while there were some who shared concerns about the legislation, the legislative process was scrutinised and included opportunities for public consultations.

“Mr Speaker, I’ve always staunchly advocated for freedom of information and freedom of expression. The Virgin Islands Constitution Order 2007 guarantees the right to freedom of expression which included the right to seek, receive, distribute or disseminate information, opinions or ideas,” he said.

According to the Premier, it remains important that whilst protecting against unlawful communication, there’s always the need for balance, with the right to freedom. He said while social media and online platforms provide an environment for discussions and sharing of information and opinions, they also promote democracy.

He said; however, there will be those utilising online media and the law for unlawful purposes, citing limits to freedom of expression.

Addressing concerns

While the Premier has reaffirmed his government's commitment to not silence the media, section 14B of the bill criminalises “electronic defamation,” via the use of computer to defame someone. The penalties for that crime is up to three years in prison and fines up to $100,000.

Another Section, 14A leaves open interpretation for the criminalisation of anyone using a computer to send “grossly offensive” or “menacing” messages “for the purpose of causing annoyance or inconvenience.” The fines for that offence can reach as high as $500,000 and jail terms of up to 14 years.

It is important to note that the ambiguity in the quoted terms is what created media concerns in the first instance.

The Premier in his HoA statement today reaffirmed, “The media is an integral part of maintaining democracy and accountability and this [VIP] Government will never do anything to silence the media.”

Importance of Media

He; however, said while the media plays a part in the democratic process, they must also be responsible and accountable for their actions. He reiterated that the legislation is important to deter nefarious online behaviour and that it is one of the major reasons for piloting the amendment to the original 2014 act.

Virgin Islands News Online (VINO) reached out to Premier Fahie via messaging for an interpretation of what a “grossly offensive” or “menacing” message could mean.

VINO also sought to know what guarantee was in place that can ensure future governments share the same interpretation, and whether the line of questioning and message could be considered, ‘menacing’; however, no response was received up to publication time.

Regardless of what best intentions Premier Fahie may have, the danger in the piece of legislation as raised by media watchdogs is that key terms are still ambiguous and could be used in the future to silence the media or prosecute journalists who carry out their duties of holding governments and other stakeholders accountable.