BRIDGETOWN, Barbados, CMC—A group calling itself the ‘Loyal Opposition’ wants the Barbados government’s proposed Cybercrime Bill to be presented to the Inter-American Commission on Human Rights (IACHR) in November.
The IACHR is an autonomous entity of the Organization of American States (OAS), whose primary mission is to promote and protect human rights across the Americas.
Marcia Weekes, spokesperson for the Loyal Opposition group, told a news conference that the group wants significant amendments to the legislation, saying that it threatens fundamental rights, particularly freedom of expression.
A hearing on the challenge will take place on November 11 during the IACHR’s 191st Ordinary Period of Sessions, which runs from November 4 to 15.
“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 told reporters.
“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,” she added.
Weekes said that although the committee received 12 oral and 48 written submissions, there are many unresolved concerns.
“Issues highlighted included vague and broad definitions, extensive powers, and significant fines and penalties,” she said, noting 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 criminalize defamation, and 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 said the core issues persisted.
“Criminal defamation is still included,” she said, noting that the committee increased the fines from BDS$70 000 to BDS$100 000 (One Barbados dollar=US$0.50 cents) and extended prison terms from seven to ten years.
Weekes told reporters that the bill also penalizes citizens for causing “humiliation,” “intimidation,” or “substantial emotional distress” online.
Another member of the Loyal Opposition group, Paul Massiah, in summarising the Barbados Bar Association’s legal review, said key concerns raised include the bill’s scope, which goes beyond protecting computer systems to possibly enabling broader surveillance, potentially conflicting with the Data Protection Act and the Constitution of Barbados.
He also noted the significant increase in penalties, comparing the proposed fines to existing legislation.
“For example, criminal libel under Section 34(3) of the Defamation Act carries a maximum fine of BDS$2 000 or a prison term of up to 12 months, compared to fines up to BDS$100 000 or a 10-year sentence under the new Bill,” Massiah said.
The Loyal Opposition believes a favorable ruling from the IACHR “would put significant international pressure on the government departments to act.”
Group member Don Leacock said that although the IACHR ruling would not be legally binding, it could have diplomatic ramifications, potentially leading to international sanctions if the government did not address the concerns raised.
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