Chuck open to adding cybercrime to Child Diversion Act
CHAIRMAN of Parliament’s joint select committee reviewing the Child Diversion Act Delroy Chuck has hinted at his support for a proposal from lobby group Jamaicans for Justice (JFJ) for cybercrime to be included under the legislation.
In its submission to the committee JFJ recommended that Section 9 of the Cybercrimes Act, which deals with malicious communication, be included in the First Schedule of the Child Diversion Act.
On Wednesday Chuck, who is also minister of justice and constitutional affairs, said the recommendation should be considered, particularly in relation to cyberbullying.
“Some of the cyberbullying that’s taking place is really terrible, but those elements we do have to treat within the ambit of the [Cybercrimes] Act,” said Chuck.
In his contribution, Opposition Member of Parliament for Portland Eastern Isat Buchanan argued that parents must take greater responsibility for their children’s behaviour online.
According to Buchanan, parents should not be relieved of their responsibilities as the Government considers how to deal with children who come into conflict with the law.
“We are taking away too much, we are removing responsibilities that parents are supposed to have,” Buchanan said.
He further argued that the issue of cybercrimes should also prompt discussion about responsible parenting as children learn from the behaviour they observe.
“Children live what they learn, so if you have parents who have no social media control, then you’re going to see children with no social media control,” added Buchanan.
He told the committee that the Government could not be expected to regulate free speech or how people receive and disseminate information, and called for more targeted discussions about public education and responsible parenting.
Buchanan suggested that child neglect may need to be strengthened in the legislative discussions, arguing that parents ought to be responsible for the conduct and actions of their children while efforts are made to divert those who come into conflict with the law.
According to Buchanan, he is not certain the Child Diversion Act is the appropriate legislation to address the matter of parenting.
He said wherever the issue is addressed, the focus should remain on diversion and on “reprogramming the minds” of children who find themselves in conflict with the law.
The committee also discussed what type of programmes should be used for children involved in cyberbullying, including interventions to reintegrate and re-educate them.
Chuck also raised the issue of countries which are now banning, or restricting, children’s access to social media and questioned whether the matter should also be considered in the review of the Child Diversion Act.
However, committee member Minister of Information Senator Dr Dana Morris Dixon made it clear that at this time the Government has no intention of banning the use of social media by children.
She said the Government is examining the impact of social media on children but its current approach is focused on public education rather than restrictions.
Morris Dixon pointed to the difference between social media access for children and cybercrime.
“But you did raise the issue of cybercrime, which is a completely different thing,” said Morris Dixon.
Chuck acknowledged the distinction, saying he was referring specifically to cybercrime.
The Child Diversion Act, 2018 provides the legislative framework for moving children who come into conflict with the law away from formal court proceedings.
The review is examining whether changes are needed to strengthen the framework, with the inclusion of cybercrime among the recommendations before the committee.