IACHR Urges Barbados to Refine Cybercrime Bill, Offers Assistance: Insights from Landmark Hearing

He further criticised the government’s response to public feedback, alleging that the main result of consultations was a decision to increase penalties in the bill rather than address the underlying concerns.

“The only conclusion of those submissions was to increase the penalties from seven years to ten in jail and from $70 000 to $100 000,” he argued. “If this is called listening to the people in Barbados, I don’t know what is called ignoring them.”

The escalating tensions during the hearing prompted IACHR President Edgar Stuardo Ralón to intervene, reminding both parties that the session was an “international dialogue” intended to facilitate constructive conversation rather than escalate into confrontation.

In response to the submissions, Commissioner Gloria De Mees also described the matter as “very important”, stressing the need to clarify the bill’s language, especially where vague terms might impact freedoms.

She encouraged Barbados to “specify language that is vague, maybe ambiguous, to make it very clear what is the purpose” as well as the limitations of the bill.

De Mees offered the IACHR’s technical assistance in refining the legislation.

The IACHR president also put on record the commission’s readiness to support Barbados in crafting a well-defined Cybercrime Bill, as he urged ongoing dialogue to ensure the legislation strikes a balance between safeguarding national security and preserving essential freedoms.

“We might be able to buttress your efforts to come up with a text,” Ralón said.

In reaction to the day’s developments, Attorney General Dale Marshall signalled a positive response to the IACHR’s observations.

He said the commissioners had endorsed the importance of protecting Barbadians from cybercrime, and recognised that the government has been proactive in providing significant opportunities for civil society groups to be consulted and share their views on the bill during the legislative drafting process.

“Commissioner [Andrea] Pochak noted that significant public consultation such as there has been in Barbados about the Cybercrime Bill is rare in most countries,” the Attorney General pointed out in a statement issued late Monday. According to him, Pochak also highlighted that freedoms of expression and religion are not without limits, as certain restrictions may be justifiable under the law.

Marshall added that Commissioner De Mees noted “the importance of consensus about the need for protections from cybercrime that the bill provides”.

He said she also observed that the hearing illustrated the importance of public dialogue on such significant legislation.

“She noted that there had been significant dialogue between the government and civil society already in Barbados. She noted that some in Barbados felt that the time for dialogue about the bill was now passed whilst others felt that there was still room for more dialogue, particularly to clarify language about the purpose, scope and limitations of the bill,” Marshall said.

He further cited IAHCR President Ralón’s request for clarity on whether the legislative process had concluded or if the bill could still be amended, which was confirmed to be ongoing.

Ralón indicated that the “rapporteurship on freedom of expression” would continue monitoring developments surrounding the bill.

While the IACHR can issue recommendations, its recommendations are not binding or legally enforceable.

shannamoore@barbadostoday.bb

emmanueljoseph@barbadostoday.bb