OPPOSITION member of the joint select committee (JSC) reviewing the Cybercrimes Act, 2015 Julian Robinson has suggested that a proposed provision dealing with intimate images be broadened to include prosecuting individuals who share gruesome images of traffic crashes.

Robinson argued that the distribution of such disturbing images can be a source of anguish for not only the injured victims but their families, and consideration should be given to addressing and stemming this practice under Jamaica’s cybercrime law.

“Sometimes the people are dead and sometimes they’re badly mangled; the images could cause great distress to the family members who would not have known their family member was in an accident. The person is in a state in which they wouldn’t want to be seen…if [they are] still alive or by a family member,” he said.

The committee was deliberating on Section 9 of the Bill, which addresses malicious communication, during its meeting on Wednesday. Members were examining the proposal made by the Office of the Director of Public Prosecutions (ODPP) to redraft the section which they consider to be too broad. The committee agreed that certain aspects of the section would be amended to include the insertion of a subsection to deal with the matter of intimate images.

Government member, Senator Kavan Gayle concurred that the matter raised by Robinson is a major area of concern that should be covered in the legislation.

“Whilst not captured in what would be regarded as being intimate, it would suggest in my mind that we need an area to treat with that because that is an area that concerns have been raised by the public in terms of the unfortunate transmission of such events. Maybe if we can find a way to capture that elsewhere outside of the definition of intimate, we may want to consider it,” he said.

Chairman of the committee and Minister of Science, Energy and Technology Daryl Vaz said he agreed “wholeheartedly” with the suggestion of prosecuting people who share images of traffic crashes, lamenting that such instances are “becoming more and more frequent”.

“It’s very disturbing. Even for people who don’t have any knowledge or relationship with the deceased or the injured, I mean to me it’s just not right. So I support member Robinson and member Gayle that we should find somewhere to put that in to try and deter people from posting those images,” he said.

Vaz suggested that the committee does some work on that proposal and by the committee’s next meeting have suggestions as to how that aspect will be captured, whether in the existing Act or to make a provision for it.

“I definitely think us not capturing this would be an injustice in terms of the overall report [of the committee],” he said.

In the meantime, the ODPP, in its submission, suggested that the intimate images provision would provide that anyone who knowingly publishes, distributes, transmits, sells, makes available or advertises an intimate image of a person knowing that person depicted in the image did not give their content to that conduct or being reckless after, whether or not that person gave their content, is guilty of an offence.