Sharingchildpornography carriesjailtime,$$$Mfines

Sh a r i n g c h i l d the purpose of its distribution commits an offence under anunderagegirlsittingintheback pornography(anyvisual through a computer system; offers subsection(3)isliable...” of his car The man then unzipped depiction of a minor or makes available, distributes or According to the law, anyone his pants, revealing his private engaging in sexually transmits child pornography who is found guilty of child part, after that the underage girl explicit activity) is a criminal through a computer system; pornography at the Magistrates’ wasthenseenperformingoralsex offence under the Laws of procures or obtains child Court level, where the matter is asthetaxi-drivervideoedtheact. Guyana. It would be important to pornography through a computer tried summarily, will be liable to a The second video later note that not only is it illegal to system for himself or another fine of $10M and five years’ surfacedwiththesametaxi-driver produce child pornography, but it person; or possesses child imprisonment.Ifthematteristried and another underage girl. Not isalsoacrimetodistributeorbein pornographyinacomputersystem indictably and the person is found only is it an offence to rape, or possession of child pornography or on a computer data storage guilty of child pornography in the sexually assault a minor, but it is These offences carry jail time and also an offence to record any sex heftyfines. act with a minor That offence is

Background

In Guyana, there is a called‘childpornography.’ Cybercrime Act, and for those unfamiliar, Cybercrime is the use

By Renay Sambach

However,onJuly20,2018,the and fraudulent website, offences

Guyana’s Cybercrime Bill of a computer to carry out illegal was presented by the then acts Cybercrimes are usually Attorney General and Minister of done with the use of the internet Legal Affairs, Basil Williams. It and the different instruments that was published onAugust 4, 2016. identity-related offences, child haveinternetaccess,anditappears After the Bill was presented to the pornography, child luring, that most people are not aware of National Assembly, the proposed publication or transmission of this Act and the penalties that are Section 18, ‘Sedition,’had caused image of private area of a person, attachedtooffencesthatfallunder apublicoutcry multiple electronic mail messages thisAct.

Just recently, a popular Coalition Government used its againsttheState,usingacomputer Facebook page shared a post with majority to pass the Cybercrime system to coerce, harass, minors purportedly engaged in Bill with an amendment intimidate, humiliate, etc , a sexualactivity Itwasn’tlongafter expunging the controversial person,infringementofcopyright, the page decided to remove the seditionclause. patents and designs and post and issued a notice of

Since the passage of the Bill, trademarks, corporate liability, retraction and encouraged others medium.” HighCourt,heorshewillbeliable numerous persons were charged, attempt, aiding or abetting, use of to do the same. However, by then “A person or service provider to a fine of $15M and 10 years put before the court and even computer system to commit the screenshot and video of the who has knowledge of another imprisonment. convicted. offence under any other law, minors had already made its way person committing child In April 2020, two videos of Cybercrime offences are: o f f e n c e s p r e j u d i c i n g across several social media pornography through a computer child pornography surfaced and illegal access to a computer investigation. platforms with persons seemingly system shall report the they went viral on Guyana social system,illegalinterception,illegal For those who wish to review thrilled to share the child commission of the child media platforms. After the video data interference, illegal the Cybercrime Act, see link: pornography pornographytothepolice.” surfaced, the taxi-driver that acquisition of data, illegal system https://parliament.gov.gy/publicat

SECTION 14/CHILD “Apersonoraserviceprovider videoed the act went into hiding. interference, illegal devices, ions/acts-of-parliament/cyber-

PORNOGRAPHY who fails to comply with However, after some months, he unauthorised granting of access to crime-act-2018

This section of the Act subsection (2) commits an was arrested, charged and put or giving of electronic data, To s h a r e a n y u s e f u l stipulates: “A person commits an offence.Apersonwhocommitsan beforethecourt. computer-related forgery, information, you can contact me offenceifthepersonintentionally: offence under subsection (1) or a According to reports, the first computer-related fraud, offences v i a e m a i l : produces child pornography for person or service provider who video showed the taxi driver and affecting critical infrastructure, naesambach@gmail.com