Barbados debates criminal law carrying 7-year prison sentence for online content causing “annoyance” or “emotional distress”

WASHINGTON, DC (14 November 2024): A cybercrime bill currently being debated in the Barbados Senate threatens to significantly undermine freedom of speech in the country, so testified concerned citizens during a hearing before the Inter-American Commission on Human Rights in Washington, D.C. on Monday, 11 November.  

The proposed law would make it a crime to “publish, broadcast, or transmit data that is offensive” or disseminate images or words that are “likely to cause or subject a person to ridicule, contempt, or embarrassment.” The bill lists “causing annoyance, inconvenience, danger, obstruction, embarrassment, insult, injury, humiliation, intimidation, hatred, anxiety or causes substantial emotional distress to that person” as criteria to be found guilty of an offence. 

Citizens convicted of these crimes could be subject to $70,000 BBD (approximately $35,000 US or £27,000) in fines and a 7-year prison sentence.  

Its adoption by the House of Assembly generated national criticism, prompting the bill to be sent to a Joint Select Committee for further review. Rather than improve the bill, the Committee recommended the penalty be increased up to 10 years and $100,000 BBD (approximately $50,000 USD). 

The bill introduces the ambiguous crimes of “malicious communications” and “cyberbullying,” weaponizing the state security apparatus to criminalize peaceful expression in the name of “cybersecurity”. 

At the hearing on the problematic elements in the legislation, Donald Leacock, a citizen of Barbados and social media influencer, stated: “Freedom of expression is blatantly being stripped from us in this draconian cybercrime bill that the government of Barbados is forcing onto the citizens. This is evidenced by the fact that section 20 of the bill seeks to criminalise internet use that is considered to have caused anxiety or emotional distress with potential fines of up to $50,000, prison terms of up to 10 years, or both. Should our citizens be thrown in jail for a decade simply for posting something online that the political elite can claim makes them ‘anxious’ or ’emotionally distressed’?”  

Leacock continued, stating: “The law’s deliberately vague language leaves it open interpretation, and therefore, abuse… the government aims to intimidate us into forced silence. The objections to this bill are evident and widespread.” 

Julio Pohl, legal counsel for ADF International, stated: “Any law that seeks to criminalize online content that is subjectively deemed annoying, embarrassing, or anxiety-inducing is absurd in a free society. Core to the free interchange of ideas is the ability to voice views in the digital marketplace that may offend someone. The sweeping criminalization of online expression will engender large-scale free speech violations for Barbados.” 

“While the Barbados government should protect its citizens from real issues online such as hacking and incitement to violence, it should not be wielding the state’s authority to police security online to restrict free speech in order to spare people from ‘annoyance’. Article 19 and 20 of the Cybercrime Bill violate the basic human right to freedom of speech, enshrined in international law and the Constitution of Barbados,” added Pohl. 

ADF International is conducting international advocacy, including at the Inter-American Commission on Human Rights to oppose the adoption of the censorial bill.  

The bill has passed through the House of Assembly and is under consideration in the Senate. It defines criminal conduct in vague, broad, and indeterminate terms, making it a crime to “publish, broadcast, or transmit data” that is subjectively deemed offensive. Such an ambiguous definition of criminal conduct violates international human rights protections for free speech, including the American Convention on Human Rights.