Declaring that Jamaica’s cyber laws must keep pace with rapidly evolving digital threats, the Government on Tuesday tabled sweeping amendments to the Cybercrimes Act aimed at cracking down on online fraud, strengthening protections for children, criminalising the non-consensual sharing of intimate AI-generated images, and tightening controls on the tools used to commit cybercrime.

Opening debate in the House of Representatives, Minister without portfolio in the office of the prime minister with responsibility for science, technology and special projects Andrew Wheatley warned that Jamaica’s digital transformation has created new vulnerabilities that existing laws were never designed to address.

He said the rise of social media, anonymous online platforms, and artificial intelligence had fundamentally changed the nature of crime, allowing offenders to operate across borders with ease.

The proposed amendments seek to modernise the Cybercrimes Act by expanding the range of offences and strengthening penalties, particularly where children are involved or where crimes are facilitated through advanced technology.

Wheatley explained that the legislation reflects the recommendations of a joint select committee that reviewed the Act and proposed changes in 2023, noting that the existing framework was designed for a very different digital era.

Among the key changes is the criminalisation of publishing intimate images without consent, including content that is digitally generated or manipulated using artificial intelligence.

The Bill, he explained, recognises that harm is no longer limited to material captured by a camera.

“The law must protect Jamaicans not only from what a camera records, but also from what modern tools can fabricate. We have to ensure that those who seek to hide behind a computer cannot cause harm to the reputations and lives of others,” said Wheatley.

The amendments also increase penalties where offences involve minors, with courts empowered to impose sentences of up to 20 years’ imprisonment in serious cases.

A major feature of the Bill is its focus on disrupting the infrastructure that enables cybercrime, including the possession and distribution of tools used to commit offences.

Wheatley said cybercrime has become “industrialised”, with tools being bought, sold, and rented in online markets.

“If we want fewer victims we must also choke off the enabling infrastructure. This Bill does not merely chase the individual scammer after the money is gone, it targets the tools, the systems, and the environment that make cybercrime profitable.”

The legislation also strengthens provisions dealing with fraud, phishing, impersonation, and social engineering tactics that have increasingly targeted Jamaicans and local businesses.

He further noted that criminals are now using AI-generated voices and images to make scams more convincing.

In addition to expanding offences, the Bill also strengthens investigative and enforcement powers, giving law enforcement clearer authority to seize digital devices, preserve electronic evidence, and pursue individuals who facilitate or profit from cybercrime, even if they are not the principal offenders.

It introduces updated definitions to reflect modern digital realities, including electronic keys, authentication tools, and encrypted data, ensuring that the law keeps pace with how crimes are now committed.

The amendments also strengthen provisions dealing with the unlawful possession or distribution of devices and software designed to commit cyber offences, targeting what Wheatley describes as the “supply chain” of cybercrime.

He also noted that further proposed changes tighten protections around digital investigations, including clearer rules governing the seizure of electronic evidence and the handling of sensitive data, while also expanding the circumstances under which courts may order the forfeiture of equipment used in cyber offences.

Additionally, the Bill aligns penalties across offences to reflect the seriousness of modern cybercrime, with stiffer sentences for repeat offenders and crimes involving children or critical national infrastructure.

Wheatley told the House that the reforms are intended to ensure Jamaica’s legal framework remains relevant in an era where digital crime evolves faster than traditional legislation, stressing that the amendments are designed not only to punish wrongdoing but to deter it.

“This Bill is not anti-technology. It is pro-trust. Digital transformation only works when citizens believe the digital space is not a lawless space. The modern Jamaican economy cannot thrive if online becomes synonymous with unsafe,” he said.

Opposition spokesman on science, technology and digital transformation Christopher Brown said the Opposition broadly supports the amendments, describing them as necessary and overdue.

“We recognise the need to modernise Jamaica’s cybercrime framework in an era where technology has advanced far beyond what was contemplated when the original Act was passed,” Brown said.

He welcomed the strengthened protections for children and the expansion of offences to reflect how harm now occurs online.

“The inclusion of the concept of publishing is a significant improvement. It reflects the reality that harm today is often caused through mass dissemination on digital platforms, not just private communication.”

Brown also pointed to the growing threat posed by social engineering and online fraud, noting that these crimes now affect individuals, businesses, and public institutions alike.

However, he urged the Government to go further by strengthening international cooperation, particularly in cases in which offenders operate outside Jamaica’s borders.

“For that reason, I wish to urge the Government to give serious consideration to Jamaica’s accession to the Budapest Convention on Cybercrime. This convention provides a proven framework for cross-border cooperation, mutual legal assistance and the rapid exchange of digital evidence. Accession would strengthen Jamaica’s ability to identify perpetrators and give serious exchange of economic action that is required to protect Jamaica’s interests,” he said.

WHEATLEY… we have to ensure that those who seek to hide behind a computer cannot cause harm to the reputations and lives of others (Photo: Naphtali Junior)