Barbadian Delegation to Address Concerns Over Proposed Cybercrime Bill at IACHR Hearing in Washington, DC

A delegation of Barbadians, led by a group calling itself ‘Loyal Opposition’, is set to present concerns over the government’s proposed Cybercrime Bill to the Inter-American Commission on Human Rights (IACHR) in Washington, DC, a key body in the hemispheric human rights system.

The announcement was made by spokesperson for the group, Marcia Weekes, during a press briefing on Tuesday. She explained that the group is pushing for significant amendments to the legislation, which it believes threatens fundamental rights, particularly freedom of expression.

A hearing on the challenge is set to take place on November 11 during the IACHR’s 191st Ordinary Period of Sessions, which runs from November 4 to 15.

The Inter-American Commission on Human Rights (IACHR) is an autonomous entity of the Organisation of American States (OAS). Its primary mission is to promote and protect human rights across the Americas.

“In response to public outcry regarding the Cybercrime Bill 2024, the Government of Barbados established a Joint Select Committee tasked with conducting a comprehensive analysis of the bill,” Weekes noted. “One of the committee’s primary tasks was to evaluate whether the bill, as currently drafted, infringes upon citizens’ fundamental rights to freedom of expression while balancing the need to protect the reputation, rights, and freedoms of others, including their private lives.”

Weekes also pointed out that although the committee received 12 oral and 48 written submissions, many concerns remained unresolved. “Issues highlighted included vague and broad definitions, extensive powers, and significant fines and penalties,” she said. She added that both the Office of the Director of Public Prosecutions (DPP) and the Barbados Bar Association have raised concerns about the bill’s potential to criminalise defamation, arguing that it could stifle freedom of speech.

Despite the committee’s recommendation to remove terms like “embarrassment” from Sections 19 and 20 of the draft law, Weekes stressed that the core issues persisted.

“Criminal defamation is still included,” she said, also pointing out that the committee increased fines from $70 000 to $100 000 and extended prison terms from seven to ten years.

Weekes highlighted the bill’s provisions, which could still penalise citizens for causing “humiliation”, “intimidation” or “substantial emotional distress” online, with Weekes labelling these terms as “broad and subjective”.