Barbados Bar Association Warns of Legal Challenges Facing Proposed Cybercrime Bill, Urges Amendments for Protection of Fundamental Rights

The Barbados Bar Association (BBA) has warned that the proposed Cybercrime Bill could face legal challenges unless amendments are made, in a report to the parliamentary joint select committee examining the draft legislation.

“The level of debate and interrogation of this Bill to date has been inadequate given the very serious power which is being vested in the State and in private individuals in matters protected by the Constitution – that is to say, the rights to privacy and expression,” the association’s law reform and legislative committee said in its report.

“Unless amended, the Bill will inevitably face challenge in the courts.”

While recognising the importance of regulating online behaviour, the BBA argued “it is equally important, however, to balance this and protect the fundamental rights and freedoms of the citizens of Barbados; freedoms such as freedom of speech and expression as enshrined in the Constitution of Barbados”.

“The public of Barbados are entitled to expect responsible and proper exercise of public power, which is fundamental to the operation of the rule of law,” it added.

After consulting fellow lawyers and reviewing regional and international legislation, the committee raised concerns about the language potentially importing unfamiliar legal terms. It recommended scrutinising proposed police powers, rules of evidence, criminal procedure and the repeal of part of the Defamation Act.

“The Bill would effectively repeal the statutory offence of criminal libel…and replace it with an offence which can only be committed statutorily by a person using a computer system to disseminate the libellous material,” it advised.

“It would mean that a person who is libelled by a radio broadcast which is not produced by a computer system…would have to bring a case for criminal libel at common law. Likewise, if a person is libelled by a document which is physically prepared and copied without…a computer system, such a person would also have to resort to the common law.” (EJ)