FOR IMMEDIATE RELEASE

Anesia Baptiste
Democratic Republican Party (DRP)
Tel# 1-784-456-6257, 1-784-528-1015
E-mail: democraticrepublicanpartysvg@gmail.com
Website: https://www.facebook.com/DemocraticRepublicanPartySvg
24th July, 2016

DEMOCRATIC REPUBLICAN PARTY SVG

CONDEMNS & URGES REMOVAL OF
CLAUSE 16 OF THE CYBERCRIME BILL 2016
As leader of the Democratic Republican Party of St. Vincent and the Grenadines (SVG), I
Anesia Baptiste condemn and urge immediate removal of clause 16 of the Cybercrime Bill 2016
which was introduced into SVGs House of Parliament in June 2016. The Bill which is currently
before a select committee of the House is expected to be debated in parliament at its next sitting
on August 4th and I believe it will pass if select committee work is completed by that time.
I am an invitee to select committee meetings on the bill, have highlighted my concerns on
national radio programs and repeatedly at select committee meetings about various aspects of the
Bill, particularly with clause 16 as currently constituted and even after proposed changes at the
select committee stage. With my experience as a former Senator and the holder of a Bachelor of
Laws degree with honours from the University of London, I pointed out that clause 16 of the bill
has two main features which are dangerous to God-given and constitutionally guaranteed human
freedoms of expression, speech, the press and information. Clause 16 creates can offence
Harassment utilizing electronic means of communication and this offence basically
criminalizes electronic criminal libel and communication which constitutes cyberbullying
according to its definition in the bill. The problems here are:
1. Criminal libel is an antiquated and draconian law which uses the disproportionate
punishment of imprisonment for publishing wrong speech (speech that is false). While
criminal libel has been on our criminal code for many years, its true, it has fallen into disuse
because such laws have a chilling effect on free speech and have been used by tyrants in old
times to punish political opponents and dissenters. As a result, international press freedom
agencies such as the International Press Institute (IPI), Reporters without Borders (RSF), as
well as legal bodies such as the Parliamentary Assembly of the Council of Europe
(Resolution 1577 (2007) Towards Decriminalization of defamation) and others have long

encouraged nation states throughout Europe and the Caribbean to decriminalize libel in the
interest of the protection of the peoples freedom of speech. Libel or defamation is
proportionately addressed in a civil and not a criminal court, since to criminalize a mans
speech, giving a man a criminal record, sending a man to jail for words puts the right to free
speech itself in jeopardy. It sends a message of fear and self-censorship among journalists
and regular citizens, which is destructive to societys need to hold government accountable.
And no law proposing to create a just limitation on free speech must have the effect of
destroying the freedom of speech itself. Therefore, criminal libel laws are simply not
justifiable, reasonable or even necessary in modern societies which practice democratic
methods. Grenada became the first Caribbean Country to take the forward move in 2012,
with Jamaica and Antigua following subsequently. Trinidad and Tobago decriminalized it
partially in 2014. However in some of these Countries cybercrime laws are a threat to the
progressive move of decriminalizing libel as in our case today. Meanwhile, the UK, from
whim we inherited criminal libel on our criminal code has since decriminalized it in 2009
because of its threat to free speech and free press. I call upon our government to repeal the
criminal libel provision on our books and to refrain from passing electronic criminal libel in
the Cybercrime bill 2016.
2. Cyberbullying as defined in our bill will criminalize the truth published by anyone and
criminalize the youth/children for speech published over cyberspace, which in either case
hurts another. This is seen in the definition of cyberbullying drafted in the bill. Intentional or
Reckless Cyberbullying is done if you publish information (including images, statements etc.)
using a computer system which causes a person fear, intimidationor causes detriment to
health, self-esteem etc. Not only are these words vague, subjective and lacking legal
certainty and therefore not meeting the standard requirement of properly drafted law, but
their broadness also means that the section can give rise to abuse by prosecuting and judicial
authorities and the very TRUTH can be criminalized, just because someone claims that its
publishing via a computer system causes them to FEEL any of the above. For example, a
Christian preacher publicly rebuking immorality in the public life of a politician in society,
using cyberspace for his preaching or even radio programming that is broadcast in
cyberspace. Think of John the Baptist and King Herod in the Gospel account. Note the
information could simply be the truth. If passed into law, not only can persons be
criminalized with heavy fines of up to two hundred thousand Eastern Caribbean dollars
(EC$200,000) and or jail sentence of maximum 5 years under clause 16, but the decision to
convict will be left up to the arbitrary feelings of a magistrate or judge in the absence of
legal clarity on the terms which define the offence. Even if the matter never reaches the
court, the police and prosecution through whom complaints will be made can be flooded
with time wasting, nonsensical claims which they will arbitrarily assess because of the lack
of clarity in the law. Children use cyberspace also and they too may use it to bully each other
but is bullying criminal if the words do not constitute credible threat of violence to anothers
person and or property? It should not be! Even the truth published repeatedly may be seen as
bullying by some. While it is unpleasant to be harassed and bullied, the solution is not to
criminalize this behaviour but to encourage social interventions among the children and
youth, using the school environment and interventions with parents in counselling and other
measures to teach responsible use of cyberspace, strengthen tolerance and other civil
reactions to bullying. Otherwise we will see children criminalized under this bill.

Clause 16s criminalization of cyberbullying will legalize THIN-SKINNEDNESS and this will
breed more thin-skinnedness and discord in the population. People who would usually have
overlooked and ignored hurtful words will now be encouraged to harbour them in their minds
and rush to engage the police and the courts for revenge. A thin-skinned society, rather than a
mature one will result, breeding a people who are intolerant, contentious and full of confusion
making, over words that are not credibly criminal, published on Twitter, shared on Facebook,
Whatsapp etc. I am horrified at the rational presented for limiting free speech by the tenets of this
clause and the discussion at select committee: a. the lack of interest in ensuring drafting has legal
certainty, preferring instead to leave the matter up to evidence in court, b. the insanity in
drafting, emphasizing what seems like the need to have revenge and carry out vendetta,
seemingly ready to hunt down those who have wronged you on Facebook or on radio, for
example and c. the absolute emphasis on ensuring the state can prosecute, rather than ensuring
that the law is used as a shield to protect the rights and freedoms of the people, only using it
proportionately as a sword against credible wrongs. Elected and appointed parliamentarians must
understand that people do not put them into office to violate their rights and freedoms with
heavy-handedness but to protect them is their sacred duty. Not to protect their interest with a
political leader but to protect the inalienable rights and freedoms of the people is their mandate.
For if you sit complicit in the of making bad laws against the peoples God-given rights you shall
have to answer to the great legislator of the Universe-GOD. In addition, you do not sit to make
law to satisfy the hurt feelings of your family members who are thin-skinned, for we live in a
free SVG not an oligarchy!
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