As the rise of digital communication continues to transform our social landscape, we are faced with a new manifestation of an old problem — public mischief.

With this evolution, the onus is on us, as a society, to ensure our legal frameworks match the realities of the world in which we live. Particularly in Jamaica, it is high time we review and revise our laws to address the spectre of digital mischief.

Public mischief, traditionally associated with physical disruptions to societal peace and order, has migrated to the digital space. The recent bomb threat in Ocho Rios, made via a TikTok video, underscores the potential for digital platforms to be weaponised as tools of public disruption. While this incident may be presented as an isolated prank, it is part of a growing trend that exposes the gaping chasm in our legal protections.

The existing public mischief laws in Jamaica were created for a world where threats to public order and tranquillity were tangible and readily identifiable. Today, mischief-makers operate from behind the veil of the internet, an arena our current laws are not fully equipped to address. The issue at hand is no longer about mere pranks causing public panic but extends to harmful activities, such as cyberbullying and the rapid spread of misinformation. The law must expand its ambit to cover these scenarios.

Statistics only strengthen the case for a legal update. As per Datareportal’s 2022 Digital Report, almost half of Jamaica’s population are active social media users, representing a dramatic rise over the past decade. Further, a 2019 study published in the Journal of Adolescent Health revealed that around 15 per cent of adolescents worldwide are victims of cyberbullying. This backdrop of digital misuse underlines the urgent need to broaden the public mischief law’s protective umbrella.

Examining our existing legal tools, we find them wanting. Jamaica’s Cybercrimes Act, while commendable, focuses on unauthorised access, data interference, and malicious communications. It offers some protection against online harassment, but it doesn’t comprehensively address the broad spectrum of online public mischief.

Yet we need not reinvent the wheel. Many countries, including the UK, Australia, and Canada, have already modernised their laws to account for the digital age. They provide useful templates of how to weave the threads of digital reality into the fabric of legal protection.

Critics may argue that the amendment of existing laws is a less disruptive path. However, given the rapid pace of technological and societal changes, a simple amendment may prove to be a Band-Aid solution for a problem requiring surgery. To truly address the issue, a comprehensive overhaul is required — one that creates a new, robust law encompassing traditional forms of public mischief while proactively considering the digital forms yet to come.

The advantages of such an approach are clear. A more comprehensive law would deter potential mischief-makers, aware that their actions in the digital realm carry real-world consequences. It would provide solace to victims of online harassment, knowing that the law protects them. Moreover, it would foster a healthier digital space, encouraging responsible online behaviour.

In this digital age, when our actions on social media can echo more loudly than on any physical stage, it is imperative that our laws reflect this reality. The time is ripe for Jamaica to modernise its public mischief law. Let us seize this moment to ensure that our legal protections are as robust and encompassing as the society they are meant to protect.

While we cannot halt the march of technology, we can decide how we navigate this new terrain. Let us do so in a way that preserves the peace, safeguards our citizens, and ensures justice, both offline and online.

Dennis Brooks is senior communication strategist in the Jamaica Constabulary Force.