POSTING obscene images on social media with the intention of defaming and extorting users has become more prevalent. But, if convicted, offenders could be fined and imprisoned under the cybercrimes legislation.

“It is the discretion of the court [but] quite frankly it depends on the magnitude of the issue. We know people have been convicted for 12 years at hard labour, we know people have been convicted for six months with a fine, so it is left up to the flexibility of the judge, having heard the evidence,” Assistant Commissioner of Police Clifford Chambers told the

Jamaica Observer recently. He added that there is no mandatory minimum as it relates to the sentencing that would be preferred by the court in these matters.

According to section 9 (1) of the Cybercrimes Act of 2015, a person who commits an offence by using a computer wilfully with intent to send to another person any data (whether in the form of a message or otherwise) that is obscene, constitutes a threat, or is menacing in nature; and intends to cause, or is reckless as to whether the sending of the data causes annoyance, inconvenience, distress, or anxiety, to that person or any other person can be fined not exceeding $4 million or imprisonment for a term not exceeding four years, or both, by a parish judge if the person is a first offender.

If damage is caused as a result of the commission of the offence, the person may be fined $5 million or imprisonment for a term not exceeding five years or both in a parish court.

In the case of a conviction on indictment before a Circuit Court, a fine or imprisonment for a term not exceeding 10 years or both is recommended.

If damage is caused as a result of the commission of the offence, a fine or imprisonment for a term not exceeding 15 years, or both is recommended in the Circuit Court.

Additionally, in the case of a second or subsequent offence, regardless of whether or not any damage is caused, a fine or imprisonment for a term not exceeding 20 years is recommended.

According to Chambers, the use of computer data for malicious purposes and extortion are predominantly the genesis of complaints the Cybercrime Division of the Jamaica Constabulary Force receives on a daily basis.

Pornography or photographs are uploaded on the Internet, predominantly Facebook, and there are times when demands are made for the pictures to be taken off. “In many of the cases, people who posted these photographs were in intimate relationship with the other party and post them for malicious purposes,” Chambers said, noting that most postings are done out of jealously or due to relationships gone bad.

Chambers said, too, that unscrupulous people would hack into emails, post images online and then extort the victims.

Pornographic images found on mobile phones are also punishable by law.

Just last Monday, a man, said to be a Jamaican, was held with child pornography on his cellphone as he disembarked a flight from Jamaica at the Orlando International Airport in the United States.

Chambers said 22 cases of pornography posted online were pushed through the local court last year, with some still before in court. A number of others, he said, have not gone to court because the complainants have not given statements.

He noted, too, that there have been cases where the accused person tried to make amends to the complainant in an effort to convince them not to go forward.

Chambers warned, however, that the key is for people not to have inappropriate photographs or videos on mobiles or sent via email.