Cyber Crimes Act amendments clear House

The Government has moved to reassure Parliament that amendments to the Cyber Crimes Act will strengthen protections against online abuse, even as the Opposition warned that vague language in the bill could weaken safeguards for victims of non-consensual sharing of intimate images.

Minister without Portfolio in the Office of the Prime Minister with responsibility for Science, Technology and Special Projects, Dr Andrew Wheatley, on Tuesday closed the debate on the Bill, which was passed without amendments.

Opposition Leader Mark Golding reiterated his concern over the bill’s allowance for the publication of intimate images when used to report on “historical events”, arguing that the language is overly broad and open to abuse. He cautioned that the provision could be exploited as a legal defence in criminal matters, potentially undermining the law’s intent to protect the privacy and dignity of victims.

Golding’s comments followed remarks by Wheatley in opening the debate, in which he explained that “reporting on historical or current events” is a statutory defence for the non-consensual publication of intimate images. The minister noted, however, that the defence requires publishers to take “reasonable care” to omit explicit depictions of intimate content.

Concerns were also raised about the bill’s treatment of emerging technologies, particularly the misuse of artificial intelligence (AI). Critics suggested the legislation does not go far enough in explicitly addressing AI-generated harm.

In response, Wheatley said the act is intended to be technologically neutral, applying regardless of the technology used, the method of manipulation, or the platform involved. He argued that the absence of a specific reference to AI does not weaken the legislation, as the essential elements of the offences are already captured. He added that the Government has indicated it will establish an AI policy task force.

ANSWERS TO CONCERNS

The minister also addressed concerns from fellow parliamentarians that the bill does not criminalise certain harmful online practices, noting that the publication of false material that damages reputation is already covered under existing defamation and data protection laws.

“Cyber crime laws are not isolation and go in tandem with other laws already on the books,” Wheatley said.

He told the House that following the bill’s passage, a public education campaign will be undertaken to ensure Jamaicans understand the new offences and the consequences of breaching the law.

“This bill is fundamentally about protecting Jamaicans in a borderless digital world. It is about restoring and reinforcing trust – trust in digital banking, trust in digital commerce, trust in online communications and trust in the ability of the state to defend citizens against modern harm,” Wheatley said.

He said the legislation addresses “real and present dangers”, including the non-consensual sharing of intimate images, the rise in scams and fraud targeting families and businesses, and the misuse of digital tools to deceive, extort and exploit.

When passed it will criminalise several specific digital activities including hacking, malicious communication, computer-related fraud and forgery and illegal interception.

The bill, which was passed without amendments, will now to be reviewed by a parliamentary subcommittee.

karen.madden@gleanerjm.com