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NDP Govt. caves on Censor Bill following wide condemnation

-made amendment where persons must prove that published information is in the Territory’s interest after Governor rejects Bill passed on March 13, 2014
The House of Assembly yesterday July 29, 2014 passed the new Computer Misuse and Cybercrime Bill 2014 after Governor William Boyd McCleary rejected the original Bill which was passed in the House on March 13, 2014. Photo: VINO/File
Premier and Minister of Finance Dr the Honourable D. Orlando Smith said that what has been added to the original Bill is a new sub-clause 4 in Clause 13 of the Bill. He said that the provision in this sub-clause exempts from criminal liability the publication of information in circumstances where the publisher of the information can establish that the publication is in the interest of the Virgin Islands. Photo: VINO/File
Premier and Minister of Finance Dr the Honourable D. Orlando Smith said that what has been added to the original Bill is a new sub-clause 4 in Clause 13 of the Bill. He said that the provision in this sub-clause exempts from criminal liability the publication of information in circumstances where the publisher of the information can establish that the publication is in the interest of the Virgin Islands. Photo: VINO/File
Leader of the Opposition the Hon Ralph T. O’Neal OBE pledged his support for the Bill, saying that the Territory must be safeguarded against those bent on using cybercrime to achieve their ends. Photo: VINO/File
Leader of the Opposition the Hon Ralph T. O’Neal OBE pledged his support for the Bill, saying that the Territory must be safeguarded against those bent on using cybercrime to achieve their ends. Photo: VINO/File
Honourable Julian Fraser RA (R3) in making his contribution to the Bill said that the added clause seems like a Catch-22 and leaves persons none-the-wiser about what could be published. Photo: VINO/File
Honourable Julian Fraser RA (R3) in making his contribution to the Bill said that the added clause seems like a Catch-22 and leaves persons none-the-wiser about what could be published. Photo: VINO/File
Second District Representative Honourable J. Alvin Christopher said that he wanted more details as to why the Bill was brought back to the House. He said that once he is provided with such clarity he would support the Bill. Photo: VINO/File
Second District Representative Honourable J. Alvin Christopher said that he wanted more details as to why the Bill was brought back to the House. He said that once he is provided with such clarity he would support the Bill. Photo: VINO/File
ROAD TOWN, Tortola, VI – The House of Assembly yesterday July 29, 2014 passed the new Computer Misuse and Cybercrime Bill 2014 after Governor William Boyd McCleary rejected the original Bill which was passed in the House on March 13, 2014.

It is understood that the Governor following a wave of reactions from local, regional and international voices refused to assent to the Bill following its passage on March 13, forcing Government to return the piece of legislation to the House with an amendment.

The sitting yesterday was the continuation of Eighth Sitting of the Third Session of the Second House of Assembly.

Speaking on the Bill yesterday Premier and Minister of Finance Dr the Honourable D. Orlando Smith said that what has been added to the original Bill is a new sub-clause 4 in Clause 13 of the Bill. He said that the provision in this sub-clause exempts from criminal liability the publication of information in circumstances where the publisher of the information can establish that the publication is in the interest of the Virgin Islands.

Defending the haste with which the Bill was taken through all its stages before being passed on the same day it was read for a first time – yesterday July 29, 2014 – Premier Smith said that the fact that such provisions exist through the Standing Orders means that it is recognized that sometimes it is necessary. “And this is one of the times that we consider it necessary,” he said.

In what was seen as somewhat of a surprise, Leader of the Opposition the Hon Ralph T. O’Neal OBE pledged his support for the Bill, saying that the Territory must be safeguarded against those bent on using cybercrime to achieve their ends.

“I will have no difficulty whatsoever in the Bill being passed today. It is in the interest of the people and the country and that is the importance of it,” said Hon O’Neal. He expressed the hope that the Bill is passed and the legislation put on the books at the earliest opportunity.

“We have got to safeguard ourselves. We must get this bill passed and get the legislation in the books as soon as possible,” he said.

Minister for Health and Social Security Hon Ronnie W. Skelton said, “This provision is making it abundantly clear that whatever you’re doing, if you’re doing it in the interest of the Virgin Islands, then there is not a crime committed.”

“As the Leader of the Opposition just said, we are a small country but we are on the world stage and for people to have confidence in our systems we must constantly put rules, regulations and laws in place to protect information,” he said.

“People who publish information in the public interest are not subject to any criminal offence,” he said.

Honourable Julian Fraser RA (R3) in making his contribution to the debate on the Bill said that the added clause seems like a Catch-22 and leaves persons none-the-wiser about what could be published.

“Madam Speaker I have two issues with the Bill as it is. Madam Speaker a Bill becomes law only after it is assented to by the Governor and published in the Gazette. I don’t know what the stage of this Bill is, but it came to the House upon an amendment. I am wondering if it is supposed to be an amendment since it hasn’t been made law, but is a reintroduction to a Bill that has been here before with the addition of this particular clause. I would hope that the mover of the motion would explain to us in some detail,” he said.

“The other thing that I have a difficulty with is the clause itself. It seems to be like some kind of Catch-22. If the publisher can prove that the article or the item is in the interest of the people of the Virgin Islands. Then, Madam Speaker, trying to prove conspiracy. How do these people prove that it is in the best interest of the Virgin Islands…or how do you go about proving that it wasn’t in the best interest of the Virgin Islands,” he asked.

“It seems to me like we need to be more specific in our dealings. Is the Bill supposed to do something or it is not supposed to do something? What is the intent of the Bill?” he asked.

“Right now I am not getting that feeling that it has been made clear to the publishers what authority they do have to make a publication on an item and be safe,” said Hon Fraser.

Second District Representative Honourable J. Alvin Christopher said that he wanted more details as to why the bill was brought back to the House. He said that once he is provided with such clarity he would support the Bill.

Premier Smith in his wrap up of the Bill said that it is important that the people who invest in the BVI have confidence that their data are confidential.

“After the Bill came to the House there were some concerns by members of the community including the Government, that people who will be publishing data in the interest of the Virgin Islands, they should be able to publish such data without it being considered a crime,” he said.

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