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By Mark DaCosta- In recent years, Guyana has seen the rise of concerns surrounding the potential misuse of cybercrime legislation to target and silence political opponents. Critics argue that the passage of the Cybercrime Act, whilst its intent was to protect the nation from online threats, is now strategically being used to suppress dissent and maintain political dominance.
Guyana’s Cybercrime Act was passed in 2018 by the A Partnership for National Unity and Alliance for Change (APNU+AFC) coalition government-controlled Parliament, ostensibly aimed at addressing the growing threats posed by cybercrimes such as hacking, identity theft, and the spread of malicious software. However, beneath its surface lies the potential for far-reaching consequences on free speech and political expression.
The Act contains provisions that criminalise a wide range of online activities, including those that may be considered “offensive” or “obscene.” The law also allows for harsh penalties, including hefty fines and lengthy prison sentences, for those found guilty of violating its terms.
The broad and ambiguous language of the Act has raised alarm among human rights organisations and political analysts, who argue that it grants the government excessive power to interpret and apply the law in a manner that could stifle political opposition, basic rights and freedoms.
Amnesty International has expressed concerns over legislations potential misuse, stating that “broad and vaguely defined laws can be easily manipulated by authorities to silence critics and opponents.”
The organisation has called on governments to ensure that the laws are not used as a tool for political suppression but rather serves intended purposes of safeguarding citizens from genuine threats.
The cases of photographer and social media personality Keron Bruce. and United States based-Guyanese Rickford Burke have become a focal point in the debate over the Cybercrime Act’s application.
Burke, President of the Caribbean Guyana Institute for Democracy (CGID), a vocal critic of the People’s Progressive Party (PPP) government, has been accused of violating the Act through his online activities, which allegedly include the dissemination of “offensive” content aimed at government officials.
The CGID president, a prominent figure in opposition circles, has long been a thorn in the side of the PPP. His outspoken criticism of the government and advocacy for good governance and racial equality, on social media platforms, has garnered significant attention, making him a prime target under the Cybercrime Act.
The international community has taken note of Burke’s case with numerous organisations urging the PPP authorities to respect the right to freedom of expression and ensure that the Cybercrime Act is not weaponised against political opponents.
The other case that has garner much discussion is Keron Bruce.
Last month Bruce was convicted under the Cybercrime Act as the ‘Mudwata’ character, who reportedly made false and defamatory statements against journalist Leroy Smith that injure his reputation.
Bruce was on August 16, 2024 found guilty by Magistrate Sunil Scarce, in the Diamond Magistrates Court, and fined GYD $3 million, which he has to pay within a month or face imprisonment of six months.
The passage of the Cybercrime Act has sparked fears that it could be used to erode democratic principles in Guyana. The law’s vague definitions and wide scope leave it open to interpretation, giving the government the power to target individuals who express dissenting views. This has led to concerns that the Act is less about protecting the nation from cyber threats and more about consolidating political power.
As Guyana continues to grapple with the challenges of maintaining a democratic society, the Cybercrime Act stands as a stark reminder of the delicate balance between security and freedom.
