Grenada\u2019s new Electronic Crimes Act has been getting considerable scrutiny worldwide, especially the criminalising of offensive messages sent electronically or over the Internet.<\/em><\/p>\n
Last week Friday, 28 June, the Lower House of Parliament in Grenada successfully passed the Electronic Crimes Act, 2013. However, considerable focus is being given, especially in the regional and international press, to a provision within that Act that makes \u201csending offensive messages through communications services, etc<\/i>.\u201d a criminal offence for which persons could be \u201cliable on summary conviction to a fine not exceeding one hundred thousand dollars or to a term of imprisonment not exceeding one year or to both<\/i>\u201d (Source: grenadabroadcast.net<\/a>). This post briefly reviews the Grenada\u2019s Electronic Crimes Act, and discusses the offending sections of the Act that makes the sending of offensive online messages a crime.<\/p>\n
According to the preamble to the Act, its objective is to \u201cprovide for the prevention and punishment of electronic crimes<\/i>\u201d. It comprises four Parts. Part I sets out preliminary matters, especially how key terms should be interpreted. Part II, which might be the most critical, details the following offences:<\/p>\n
All of the above offences have been categorised as summary offences, which typically are considered the least serious types of offences, and hence the punishment is usually relatively lenient, in terms of jail time and fines. In many countries, summary offences are heard in the Magistrates\u2019 Court, and not the High Court, and frequently, the cases are tried without a jury. Under the Grenada\u2019s Electronic Crimes Act, the fines range from XCD 5,000 to XCD 300,000 (approximately USD 1,850 to USD 111,111) and persons can be imprisoned from between six months and 20 years, which most persons might not necessarily consider \u201clenient\u201d<\/p>\n
Part III, sets out investigation and procedural guidelinese for implementation of the legislation, especially for matters relating to the conduct of police investigations and certain court procedures. Interestingly, and referring to our recent discussion on privacy and government intrusion<\/a>, a provision has been included in this part of the Act on \u201cmobile phone tracking in emergencies<\/i>\u201d. Of particular note are the following sections:<\/p>\n
(Source: grenadabroadcast.net<\/a>)<\/p>\n<\/blockquote>\n
What is so wrong in making the sending of offensive messages a crime?<\/h3>\n
Section 6 of the Electronic Crime Act sets out the following provisions, regarding the sending offensive messages through communications services, etc.:<\/p>\n
6. (1) A person shall not knowingly or without lawful excuse or justification send by means of an electronic system or an electronic device\u2013<\/p>\n
(a) information that is grossly offensive or has a menacing character;<\/p>\n
(b) information which he or she knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such electronic system or a electronic device; or<\/p>\n
(c) electronic mail or an electronic message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages.<\/p>\n
(2) For the purpose of this section, the term \u201celectronic mail\u201d or \u201celectronic message\u201d means a message or information created or transmitted or received on an electronic system or electronic device including attachments in text, images, audio, video and any other electronic record which may be transmitted with the message.<\/p>\n
(3) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding one hundred thousand dollars or to a term of imprisonment not exceeding one year or to both.<\/p>\n
(Source: grenadabroadcast.net<\/a>)<\/p>\n<\/blockquote>\n
To many, especially Internet experts and freedom of expression advocates, this section is generally seen as fostering censorship and overall, is considered a giant step backward. More importantly, questions are being raised about the extent to which stringent provisions are being applied to communication via the Internet, but perhaps not necessarily face-to-face and other forms of engagement, especially since Grenada decriminalised defamation (Source: International Press Institute<\/a>). Hence, if someone is causing you annoyance or inconvenience, in person, why is that not considered a criminal offence for which successful conviction could result in an XCD 100,000 (approximately USD 37,037) fine, and\/or up to 3 years in prison? Alternatively, if a person has published a document that contains defamatory statements but it is not emailed or posted online, why might that action not be considered a criminal offence, but it would be, if the document were sent electronically?<\/p>\n
Although the Grenada Government\u2019s position is that the Act will \u201c<\/i>deter persons from engaging in mischief to persons and the state<\/i>\u201d (Source: Now Grenada<\/a>), the furore raised by section 6, has caused the government to respond:<\/p>\n
\u201cUnder the watch of this government, no law shall inhibit or threaten open debate in any form or fashion. That commitment of the current government is clear,\u201d it said. (Source: Nation News<\/a>)<\/p><\/blockquote>\n
Image credit: digitalart (FreeDigitalPhotos.net)<\/a><\/em><\/p>\n