Guyana’s Cybercrime Laws: A Case of Misalignment and Subjectivity

The small South American nation of Guyana has recently taken a step towards strengthening its national cybersecurity strategy by passing the Cyber Crimes Bill in March 2023. However, an examination of the legislation reveals several articles that are subjective and open to misinterpretation.

Importance of the Cybercrimes Bill

The Cyber Crimes Bill aims to combat digital crimes such as cyber stalking, cyber bullying, and online fraud. These offenses are important to address in today’s digital age.

Concerns with the Bill

However, the lack of clear definitions in some articles could lead to ambiguity and misapplication. Here are some areas of concern:

Article 21: Unauthorized Access, Interception or Interference

This article deals with unauthorized access, interception, or interference with a “system.” However, the term “system” is not precisely defined, leading to potential variation in interpretation.

Article 22: Cyber Squatting and Cyber Piracy

Although the term “cyber squatting” is generally understood in the context of registering, trafficking, or using a domain name with intent to profit materially from the goodwill of a trademark, this law contains no such definition. This lack of clarity could create confusion and potential legal challenges.

Article 31: Offenses in relation to data protection

This article opens the laws to misinterpretation as it lacks a clear definition of “personal data” and “sensitive personal data,” crucial concepts in data protection.

Need for Clear and Comprehensive Cybercrime Laws

As cybercrime continues to be an increasingly significant threat, it is essential for countries to have robust and clear cybercrime laws that effectively address cybercrimes and provide certainty for stakeholders. Guyana’s Cyber Crimes Bill, despite its intent, may fall short in this regard due to the absence of precise definitions and subjective articles.

Conclusion

As discussions and implementation of cybercrime laws continue in Guyana, it is crucial to ensure that the legislation is clear, comprehensive, and unambiguous to effectively combat cybercrimes and provide certainty for stakeholders.