Mickela Panday
Every year, on May 3, the fundamental principles of press freedom are celebrated. Last year, President Obama marked World Press Freedom Day with a tribute to the "vital role that a free press plays in democracy" where he said, "journalists give all of us as citizens the chance to know the truth about our countries, ourselves, our governments. That makes us better, it makes us stronger, it gives voice to the voiceless, it exposes injustice, and holds leaders like me accountable."
Whilst here in T&T we can boast of having a press that is free from censorship, recent social media activity exposed a venomous and distasteful campaign being waged by political operatives to assault the freedom of the press through the use of cyber bullying.
Going after the messenger when the message is not denied, because it cannot be, is not unusual in our political history, but the savagery of the attacks is new, as is the widespread dissemination using modern electronic media. Very quickly, almost immediately, anyone doing the right thing can be viciously vilified, many times by anonymous people who create false profiles on social media.
Like all bullies, cyber bullies are cowards, but unlike other bullies, ignoring them is not enough because they are intent on assaulting those who speak the truth and to curb freedom, and to deny transparency and accountability. Getting the social media providers to remove messages and posts is onerous, not always successful, and in any event the damage is already done.
Hence the importance of the State's legislative intervention through the Cybercrime Bill, 2014, currently before the Parliament, to make this kind of conduct illegal and provide for the imposition of severe punishment.
"Cyberbully" is defined by section 21(6) of the bill to mean to use a computer system repeatedly or continuously to convey information which causes fear, intimidation, humiliation, distress or other harm to another person, or detriment to another person's health, emotional well-being, self-esteem or reputation.
By section 21(1) of the bill, "a person who uses a computer system to coerce, intimidate or harass another person with intent to cause emotional distress, or cyberbully, intentionally or recklessly, another person, commits a criminal offence."
By section 21(2) of the bill, "a person who uses a computer system to disseminate any information, statement, or image, knowing it to be false, and who damages the reputation of another person, or, subjects another person to public ridicule, contempt, hatred or embarrassment, commits a criminal offence."
By section 21(3) of the bill, "a person who intentionally or recklessly uses a computer system to disseminate any information, statement or image, and exposes the private affairs of another person, thereby subjecting that other person to public ridicule, contempt, hatred or embarrassment, commits a criminal offence."
These offences are punishable on summary conviction by a fine of $100,000 and three years imprisonment, and on conviction on indictment, by a fine of $250,000 and five years imprisonment. Happily, the offences are created in a way that the focus is on the wrongdoer's conduct and not on his victim's, which is the right approach.
These provisions of the bill are salutary and necessary to put an end to the menace of seeking to suppress the truth. It is hoped that the bill will be made into law quickly and that it will be enforced efficiently. In that latter regard, it was disheartening to learn that while there is a Cyber Unit in the Police Service, reports cannot be made directly to it. This needs to be addressed urgently before the bill is enacted. Resources need to be put into this unit so that it can act quickly to dissuade future abusive conduct by those who attack journalists and others of their ilk.
That being said, it is equally important in a democratic society that the power of the press is not abused and journalists not allow themselves to be used as political tools. In the words of a recent letter to the editor posted in the Kaieteur News, "The 'press' is a powerful tool and if used for the wrong reasons can do more harm than good. Information whether factual, fictional, or fantasy is disseminated through the press and it can pattern the thoughts and opinions of the people. It can change the perceptions of people, for or against someone and it can build up heroes or create villains. The power of the press and the analogous obligation to exercise that power with caution cannot be understated... Journalists have a responsibility to report the truth, and this entails the proper investigation of stories before reporting. Rumours and gossips should be shunned; journalists should not discredit themselves by becoming storytellers or novelists. Reports must be warranted by facts, as Abraham Lincoln articulated 'Let the people know the facts, and the country will be safe'."