…but urges removal of sedition clause

THE Georgetown Chamber of Commerce & Industry (GCCI) has called for removal of the sedition clause in the Cybercrime Bill, but offered its full support to the overall intent of the proposed legislation.
In a statement on Wednesday, the GCCI said, “The overall thrust of the Bill which, seeks to give parameters, legal structure and regulations to a space where these are currently absent, is commendable. The chamber wishes to re-emphasise its support for the rule of law in society and continues to remain supportive of the equal application of the rule of law, especially as it relates to matters of good governance,” the GCCI said.

However, the body said it is with this in mind that it would like to register its concern with elements of the Cyber Crime Bill, especially Section 18 which provides a structure for the charge of sedition, and more particularly 1A of Section 18. “The GCCI is of the view that freedom of speech and expression of views through debate, discourse and discussion, underpin a healthy democracy and foster a conducive environment for a country’s development. The chamber believes that sedition as an offence impinges on an individual’s

right to criticise and has no place in a well-functioning democracy,” the statement said.
The GCCI said as an institution dedicated to advocacy, “We stress that the right to freedom of expression is not only a right but a community responsibility. Therefore, we call on all legislators to remove Section 18(1) A of the Cyber Crime Bill and urge that this bill remain free of [the] oppressive and archaic charge of sedition.”

Attorney General (AG) and Minister of Legal Affairs, Basil Williams, said that he will be seeking Cabinet’s advice on the sedition clause of the Cybercrime Bill before making any further decisions, but he roasted the People’s Progressive Party for what he called its hypocrisy on the contentious issue.

There has been widespread opposition to Section 18 (1) of the Bill which states that a person commits an offence of sedition if the person, whether in or out of Guyana,

intentionally publishes, transmits or circulates by use of a computer system a statement or words, whether spoken or written, a text, video, image, sign, visible representation, or other thing, that “bring or attempt to bring into hatred or contempt, or excite or attempt to excite disaffection towards the government established by law in Guyana.”

Although the AG said he will seek advice on the clause, he pointed out that careful thought was put into crafting the bill. “You have a bill that was drafted after a team from my chambers went to America on a cybercrime conference…they drafted it and drew on other jurisdictions…the bill was also published on our website and comments were invited and people submitted comments,” said Williams in an invited comment on Tuesday. The comments were considered and the bill was adjusted, then reposted on their website, he said, adding that there was also a general consultation on the bill at the Pegasus Hotel before it was taken to the National Assembly.

According to the AG, the bill was open to further scrutiny at the level of the Parliamentary Select Committee, after it was first tabled in the National Assembly. “When it goes there [select committee] is to ensure that any slippage would be addressed; now it [select committee] had leading lights from the PPP, including Teixeira and Nandlall and even Rohee…they never raised any objection,” the AG asserted.

He went on to point out that the PPP/C members had in fact stopped turning up for the final meetings before the bill was completed by the committee and laid in Parliament.