Don’t click ‘send’

Highlighting the seriousness of revenge porn as a crime, Leader of Government Business in the Senate Kamina Johnson Smith yesterday warned young people and others, who might be contemplating sharing or publishing nude images of their former partners or videos depicting sexual activities, not to click ‘send’ as they could face harsh punishment under the Cybercrimes (Amendment) law.

Piloting the bill in the Upper House yesterday, Johnson Smith advised members of the public to take the amended law seriously, noting that the non-consensual sharing or publishing of intimate content, otherwise known as revenge porn, was a serious offence, attracting heavy fines and jail time.

“They are serious crimes, it’s not a little relationship issue and you can say ‘sorry’ and it’s OK,” she warned, in relation to provisions in the law.

She said persons convicted of revenge porn or related offences could face a fine of $4 million or four years in prison in the parish court for the first offence.

In the case of a subsequent offence, the convicted person could be fined $5 million or five years in prison or both. At the level of the circuit court the offender may face a fine and or imprisonment not exceeding 10 years.

For a second offence at the level of the circuit court, the offender faces a fine and prison time of up to 20 years or to both fine and imprisonment.

Where the offence is committed against a person under 18 years a fine as well as imprisonment not exceeding 20 years may be imposed.

Johnson Smith and her colleagues on both sides of the aisle gave strong support to the provision penalising revenge porn.

“Sometimes photos can be taken without your knowledge and that is one thing, but sometimes you can be in a situation of trust where it is that you feel that a photo that is taken, whether of an intimate moment or of yourself in any state of undress, that it will be treated just as a private moment and it may well be intended at that time, but things can change,” she said.

Giving a word of advice, Johnson Smith said it was important for persons to guard very carefully access and permission to those who are permitted to “share this kind of moment with you. This is as gentle as I can put it”.

Johnson Smith urged persons who were being bullied or blackmailed by persons who threaten to release intimate images or nude photos of them to make a report to the police.

“It is a crime and you can report it to the police. Speak to someone you trust, have them hold your hand if necessary,” she said.

Johnson Smith noted that Clause 5 of the bill makes it clear that a child under the age of 18 is incapable of giving consent for the purpose of sharing intimate images.

“It means that, even if you said ‘OK’ to the picture, you don’t have to spend time feeling guilty about it because in the moment you trusted that it was OK but the law does not consider that an issue that would prevent you from making a report.”

The bill was passed in the Senate yesterday, which means that when it receives the governor general’s assent and subsequently implemented, it will also criminalise several specific digital activities including hacking, malicious communication, computer-related fraud and forgery and illegal interception. 

edmond.campbell@gleanerjm.com