–   as gov’t moves to amend cybercrime laws

ATTORNEY GENERAL and Minister of Legal Affairs, Anil Nandlall, SC, has announced that government will be amending the Cybercrime Act as it will not stand by idly while social media continues to be used as a weapon to destroy the character and reputation of innocent citizens.
Speaking during his weekly television programme, Issues in the News, on Tuesday, Nandlall said that the rampant misuse of online platforms to defame and humiliate individuals, including their families, has reached alarming levels and that swift legal action will follow.
“A government cannot stand idly by in the face of such an onslaught on its citizens. That government will be failing in its responsibilities,” Nandlall declared.

He made it abundantly clear that while freedom of expression is enshrined in the Constitution, there is no justification for the rampant character assassinations taking place on social media, which he described as “an abuse of freedom of expression.”
Nandlall’s remarks come amid mounting concerns about the unregulated nature of social media in Guyana, where personal attacks, defamation, and character assassination have become rampant.
The Cybercrime Act, passed in 2018, addresses harassment and defamation using electronic media, but Nandlall believes the law needs to be strengthened to combat the escalating misuse of social media platforms.

“There is no jurisdiction in the world where that would be considered freedom of expression. It is not. In fact, it is the abuse of freedom. It is the abuse of freedom of expression,” he stated, highlighting the urgent need for regulation.
Nandlall painted a grim picture of the current state of cyberspace in Guyana, describing it as “the platform for the slaughtering of people’s reputation, people’s character, people’s social lives, and the lives of their family.”
He explained that these attacks have caused tremendous damage to individuals and families across the country and that the government cannot continue to allow such harm to go unchecked.
“It has become equally dangerous because the truth of the matter is that it is used as widely, perhaps, as we use our physical space, but it is hardly regulated. There are hardly laws which govern our use of cyberspace,” Nandlall said.
He stressed that the government will not allow cyberspace to remain unregulated, particularly as it has become a dangerous arena where personal and professional reputations are being destroyed.
“The duty of a state and the responsibility of the government holding office in that state is to bring regulation to that which is unregulated and causing public harm,” Nandlall declared, underscoring that the government’s response will be swift and decisive.

 AMENDMENTS
In response to the escalating misuse of social media, Nandlall announced that the Cybercrime Act is currently under review.
“The Cybercrime Act will be reviewed, and the review will be completed for amendments to be taken to Parliament when Parliament resumes,” Nandlall said.

He added that the government’s legal team, which includes Deputy Chief Parliamentary Counsel Joan Bond and Trishala Persaud, has been working closely on the amendments, informed by their work on the United Nations (UN) convention.
Nandlall also highlighted that the Law Reform Commission has been tasked with reviewing criminal procedure statutes to ensure that individuals residing overseas who commit offences via social media in Guyana can be prosecuted.

“We are going to settle all those matters because cyberspace has become as equally a dangerous place as the physical space that we currently occupy,” he affirmed.
Nandlall made it clear that the government is not seeking to curtail freedom of expression or press freedom but rather to ensure that these freedoms are not abused to harm others.
He added that freedom comes with responsibilities and that no freedom is absolute.

“Freedom of expression and freedom of the press do not include any freedom or any right to attack people’s character and to attack people’s family and to attack people’s reputation and to invade people’s private lives.
“Freedom of expression authorises no such thing. Freedom of the press does not authorise any such thing,” he asserted.
Nandlall said that while everyone has a right to free speech, this right must be balanced against the rights of individuals to be protected from harm.
“While you have a freedom to speak, I also have a freedom to be protected from your speech,” he explained, adding that unchecked freedom of speech can lead to anarchy.
In light of the growing misuse of social media to defame individuals, Nandlall underscored the importance of regulatory reform, stating that the government’s response to the situation will be swift and comprehensive.
“We are going to have massive reforms of our law to bring cyberspace into regulation,” he said.

 HIGH PROFILE CASES
The Attorney General’s comments are particularly significant in light of several high-profile defamation cases that have gripped the nation.

One such case is that of businessman Marlon ‘Freedom Boss’ Jacobs, who filed a $5 million lawsuit against social media personality Allison Hunt, popularly known as ‘Aunty Allo, for defamation.
Similarly, Agriculture Minister Zulfikar Mustapha recently sued Opposition Leader Aubrey Norton for comments made on social media, further drawing attention to the misuse of these platforms.
These incidents are not isolated.

Activists such as Rickford Burke of the Caribbean-Guyana Institute for Democracy (C-GID) and Mark Benschop have repeatedly come under fire for using their platforms to promote racial and political division.
In one particularly alarming case, A Partnership for National Unity + Alliance For Change (APNU+AFC) aligned activist Kidackie Amsterdam was charged with cybercrimes after a caller on his social media programme incited violence against several high-ranking government officials, including President Dr. Irfaan Ali and Vice President Dr. Bharrat Jagdeo.

The impact of these social media scandals extends beyond politics and have caused national outrage thus bringing to the forefront the dangers of unchecked speech on social media.
He referenced the growing concern over the impact of defamatory content on individuals’ reputations and reiterated the need for stronger legal mechanisms to hold those responsible accountable.

“These attacks are causing tremendous damage to people’s reputation, people’s character, and that of their family and social relations in the country,” Nandlall stated, adding that the government cannot allow this to continue without intervention.
He made it clear that the government will not hesitate to act in defence of its citizens.
“This onslaught emanating from social media platforms is causing public and private harm in this country, and it will not continue without a reaction from the government,” he said.