Cyber Crime law to prohibit child porn, sharing of nude images

Last Updated on Monday, 28 December 2015, 22:37 by Denis Chabrol

Persons using computers to engage in child pornography or the sharing nude images of others could be jailed and fined if found guilty under the Cyber Crime Bill when it becomes law.

“A person who uses a computer system to arrange a meeting with a child with the intent of abusing or engaging in sexual activity with a child or producing child pornography, whether or not he takes any steps to effect such a meeting, commits an offence,” states the Bill which is yet to include an explanatory memorandum.

The bill, which includes a string of offences, has been published in the Official Gazette but it is yet to be tabled in the National Assembly by Attorney General, Basil Williams.

A person convicted by a Magistrates’ court for using a computer to engage in child pornography could be fined GYD$5 million and imprisonment for five years. If found guilty by a Judge and Jury, an offender could be fined GYD$10 million and jailed for 10 years.

The Child Protection Act 2009 already prohibits the sale or giving of obscene books or other written matter, obscene objects, pornographic videos or photographs, through electronic means such as a computer or cellular phone to children.

The Cyber Crime Bill further makes a criminal offence the capturing, storage and transmission through a computer system the image of a person’s genitals, pubic area, buttocks or breast without his consent. This is especially so where the other person reasonably expects that he or she can disrobe in privacy or his private area will not be visible to the public, regardless of whether he is in a public or private place.

If found guilty by a Magistrate, a person can be fined GYD$3 million and jailed for three years or by a Judge and Jury a fine of GYD$5 million and imprisonment for five years.