KINGSTON, Oct. 14 (JIS): The Cybercrimes Act, which seeks to address computer specific offences, was passed in the House of Representatives on Tuesday (October 13) with two amendments.
The new Act will replace the 2010 legislation, and incorporates new offences such as computer-related fraud or forgery; the use of computers for malicious communication; and unauthorised disclosure of investigation.
It also addresses the use of the computer for malicious communication.
Minister of State in the Ministry of Science, Technology, Energy and Mining, Hon. Julian Robinson, informed that the clause was included “because there is a new phenomenon called cyberbulling.”
“This is where persons wilfully send messages, which are designed to annoy, and harass. The data that is sent must be obscene or is menacing in nature. The person sending the data does so intending to cause or is reckless as to whether the sending of the data causes annoyance, inconvenience or distress,” he explained.
Opposition Spokesperson on Information Communications Technology (ICT),
Dr. Andrew Wheately, while welcoming the provision to address cyberbulling, said the clause could have the effect of inhibiting use of information communications technology (ICT).
“This section has the most far-reaching implications of this Act. The intention of this section is to no doubt reduce the incidence of cyberbullying, which we fully endorse. However, it seems to be completely oblivious to the level of sophistication of the layman technology user,” he said.
I am sure that members on both sides of this House will agree that this section cannot stand as is. It cannot be that a person who…. makes a mistake while sending an email, text message or other correspondence could be charged with a crime,” he argued further.
Mr. Robinson, in acknowledging the concerns, said Clause 9 Section 1 (b) is to be amended to state that a person commits an offence, if that person wilfully uses a computer to send to another person any data that is obscene or offensive.
“I want to assure persons, who may send a message and they think that simply sending a message, which might be a joke, that you will be caught here. That is not what this provision is meant to deal with,” Mr. Robinson said.
In closing the debate, Minister of Science, Technology, Energy and Mining,
Hon. Phillip Paulwell, noted that offences under the Bill require an act and intent.
“We have been faithful to ensure that both aspects are provided for, so no innocent bystander will be caught by this. Nobody, who is engaged in doing ICT business, will be caught by this, as you must have intent to do some wrong and the onus is to establish that the intent has been proven,” Mr. Paulwell said.
The legislation will now be sent to the Senate for its approval.
Barbados bestows Humanitarian Award on PAHO director Dr. Carissa Etienne
By Shanieka Smith
#Barbados, November 25, 2022 – The newest recipient of Barbados’ Humanitarian Award is outgoing Pan American Health Organization Director, Dr Carissa Etienne. The government of Barbados grants this award to frontline workers who were instrumental during the COVID-19 pandemic.
Upon receiving the award, Dr. Etienne expressed her gratitude for the recognition, noting, however, that she was more grateful for the opportunity to have served on the island. She also praised Prime Minister, Mia Mottley for her diligence in leading the country and regional involvement during the pandemic.
Humanitarian medals were also given to Frontline workers who risked their own safety to ensure the needs of the public were met. Those who held supporting roles on the frontline received humanitarian lapel pins, and those who made generous donations were given humanitarian plaques.
Dr. Etienne highlighted one major lesson from the pandemic, “we are only safe when the weakest among us is also safe”.
Bahamas and Turks & Caicos Immigration Ministers make appearance on TCI Radio Talk Show
By Dana Malcolm
#TheBahamas, November 25, 2022 – “We have a humanitarian concern of course but we can only absorb so much” was how Fred Mitchell, Minister of Foreign Affairs and the Public Service in The Bahamas addressed the issue of the UN constantly nudging Caribbean countries about the deportation of migrants and recommending that it not be done.
He was speaking Thursday November 24 with Cheryl and Zhavargo on First Edition which airs on RTC FM.
While acknowledging that the UN offices likely ‘have to do what they do’ Minister Mitchell explained that the current irregular migrants trying to get into the Bahamas did not fit the bill of ‘refugees’ as defined by the UN.
“We have a treaty obligation that says that if people have a fear of persecution in their home country that we have an obligation to take them in as asylum seekers. The people who come through on these boats from the south of us are not asylum seekers. They are afraid of poverty and that’s a difficult issue but in a legal sense we’re not obligated to embrace people on that basis.”
He cited a study that had found, on any given day there were around 7,000 illegal migrants in The Bahamas trying to get to the US maintaining that his chain of islands had to take a stand on the issue. The Foreign Affairs minister acknowledged that TCI was in an identical situation, citing also the the cultural effects of irregular migration.
“There is a cleavage which has developed in our own society over this; people are very concerned that we could lose our identity if we do not get on top of it.”
Earlier this year Arlington “new sheriff in town” Musgrove, Minister of Immigration and Border Services in the Turks and Caicos had described statements calling on surrounding countries to do more to assist persons fleeing Haiti as “reckless and misguided.”
“Haiti has a population of 11.6 million people. How could any small developing state like the Turks and Caicos Islands assist that number of people or even the smallest fraction of them? We have a population of some 47,000 persons, and our health care, education and other social systems remain fragile and could never withstand an influx of refugees. This would be a risk to our very own livelihood,” he had said.
He was interviewed in the same show on Thursday prior to Mitchell and expressed a similar determination to crack down on illegal migration.
“I want to stress this. If we catch anyone harbouring illegals, it could be my mommy, she’s going up. We cannot tolerate this. We’re catching the sloops so my Haitian brothers and sisters should stress to them don’t waste your money we’re sending you back.”
Turks and Caicos, this year passed a law, doubling fines and prison times for individuals harbouring illegal migrants.
Former Bahamian Cabinet minister defends record amid ongoing police investigation
By Shanieka Smith
#TheBahamas, November 25, 2022 – Former Youth, Sports and Culture Minister, Lanisha Rolle is reportedly currently under investigation due to several allegations that came up during her tenure; she however knows nothing of this alleged criminal investigation.
After the minister resigned – unceremoniously – in February 2021 with little explanation, the ministry was locked down by the Prime Minister for an audit of the National Sports Authority, which fell under her ministry.
Auditor General Terrance Bastin revealed that unauthorised contracts had been issued, some of which were later forwarded to the NSA for payment. Three cheques to contractors were also found, which were paid to individuals and then collected by a senior ministry official.
Despite the allegations, Rolle said she upheld cabinet standards and good governance during her tenure. She added that a minister is not always aware of “everything in a ministry at any given time.”
Rolle said she has not yet been approached by the RBPF regarding the audit findings. Having served as a member of the Police Force for 11 years herself, Rolle told a crush of media on Wednesday (November 23) that she continues to trust that they will follow the legal process and in due time, the truth of her innocence will be revealed.
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