Jamaica’s Cybercrimes Act of 2010, 2015, and now 2021 is undergoing review and amendment as the need increases for integrating laws concerning cybercrimes. The Act aims to protect individuals and businesses from potential misuse of technology and technology devices that cause economic loss or threaten physical injury or death. On the face of it, this sounds simple enough and is a Bill most citizens would support to protect themselves from potential harm were these types of laws not in place. However, there is a delicate balance to ensuring we retain and encourage technology students and professionals to innovate and experiment.

Let’s examine three critical recommendations explored in a recent presentation to the joint select committee on this topic: mental stress and how to protect against cyberbullying and character defamation; having a jury of experts before initiating a jury of peers in the criminal system; and protection for ethical hackers as well as security researchers and professionals.

The current version of the Act does not include mental distress as potential “damage” and we believe that is an important, if not critical, omission. We take this view because anyone active on social media would have seen trolls in one shape or form. There are also growing concerns and increasing reports on the adverse effects of cyberbullying via social media platforms. These attacks may also include character defamation or obscene racism and become a source of chronic anxiety, mental distress, depression, or even suicide. With these severe consequences there needs to be policing and punishment to detect and deter these types of offences. When does saying how you feel and what you think shift from freedom of speech to a crime punishable by law? To answer this question, we believe it’s necessary to establish a precise definition, outline or schedule, a starting point that identifies what is considered obscene. Persons ought to know what is regarded as a criminal act and, if found guilty, the sanction they face. This could encourage individuals to observe the law, prevent the vagueness used to pursue potential offenders, and afford officials clarity when detaining alleged offenders.

Given the specialised nature of IT and the central role that innovation and digital transformation play in driving growth in our economy, an enabling environment should be created where innovators can break stuff and just do their job without fear of criminal sanction. One recommendation for objectively managing this risk is to create an information technology tribunal for expert review of cases by IT practitioners before it reaches criminal court. Implementation could be a simple extension of the existing telecommunications tribunal to include information technology sector issues or expand the role of the data privacy and protection commissioner. Such a specialist body would take an objective and expertise-backed approach to review incidents and disputes.

And what of ethical hackers and security researchers? Do they need protection in this Bill? Absolutely yes, we believe they do. The development of a framework to manage these practitioners is essential to growth of that sector and protection of its practitioners, driving and enabling growth.