New Offences Recommended for Inclusion in Cybercrimes Act

The Joint Select Committee that reviewed the Cybercrimes Act has made several recommendations for the inclusion of new offences under the Act.

Some of these include cyber stalking, cyber defamation, cyberthreats, cyberbullying, web jacking, phishing, spoofing, spamming and social engineering.

Minister without Portfolio in the Office of the Prime Minister with oversight for Skills and Digital Transformation, Senator Dr. the Hon. Dana Morris Dixon, made the disclosure in the Senate, on Friday (December 8).

Dr. Morris Dixon was opening the debate on the report of the Joint Select Committee on the Review of the Cybercrimes Act, 2015.

“In its consideration of these offences, the Committee found that various provisions of the existing Cybercrimes Act treated with some of these offences, while other pieces of legislation were better suited to address others,” she noted.

She informed that the laws that would have to be looked at in tandem, include: The Child Pornography Prevention Act, The Defamation Act, The Education Act, The Larceny Act, The Law Reform (Fraudulent Transactions) (Special Provisions) Act, The Obscene Publications (Suppression of) Act, The Offences Against the Person Act, The Sexual Offences Act and The Terrorism Prevention Act.

The Committee also noted, during its deliberations, that some of the general concerns raised by stakeholders would best be addressed in cybersecurity legislation.

These general concerns include the protection of critical systems, standards, and guidelines for assessors of cyber services of protected systems, and the establishment of a Cybersecurity Authority and guidelines/standards for the protection of protected computers.

“The Committee, therefore, recommends that cybersecurity legislation be drafted, subject to consultation with stakeholders and Cabinet’s approval. So, this is the Cybercrimes Act that lays out the crimes, but we believe that there is need for a broader cybersecurity legislation that is going to put in place the provisions around protecting the critical systems in our country, especially in government and having an authority that will be leading that effort,” Dr. Morris Dixon said.

Meanwhile, the Minister informed that the growing threat of cybercrime is a “menace that knows no borders and spares no one”.

“Globally, these digital crimes are escalating at an alarming rate. According to the FBI’s Internet crime report, financial losses from cybercrime exceeded US$4.2 billion in 2020 alone. The most common types include phishing, personal data breaches, and ransomware attacks. The numbers are not just statistics, they represent millions of lives disrupted, businesses bankrupted and trust in digital systems eroded,” the Minister said.

She added that the scenario in Jamaica is equally concerning.

“The Jamaican Constabulary Force reported a significant increase in cybercrimes in recent years, with financial fraud and identity theft being the most prevalent,” Dr. Morris Dixon said.

The Report of the Joint Select Committee on the Review of the Cybercrimes Act, 2015 was adopted by the Senate.