The police do not have the power to arrest an individual accused of making defamatory comments via a computer.
That’s the view of attorney-at-law, Chuck Cameron.
There’ve been several criticisms of certain provisions of the Cyber Crimes Act of 2015 since the arrest and charge of the co-founder of the advocacy group, Tambourine Army, Latoya Nugent.
She’s before the court for malicious use of a computer.
Ms. Nugent has been encouraging victims of child sex abuse to ‘Say the Names’ of their abusers.
She’s generated a list on social media which comprises several current and former Ministers in the Moravian Church.
But, Mr. Cameron is of the view that the provisions outlined in section 9 of the Cyber Crime Act do not seem to criminalise the publishing of defamatory statements.
Mr Cameron says the police do not have the power to arrest anyone for publishing defamatory statements.
Section nine one of the legislation notes that a person commits an offence if he or she uses a computer to send to another person any data that is obscene, constitutes a threat, or is menacing in nature.
If he intends to cause or is reckless as to whether the sending of the data causes, annoyance, inconvenience, distress, or anxiety, to that person or any other person.
Mr. Cameron explained why the police may’ve been using the legislation to arrest and charge persons.
Chuck Cameron was speaking on Nationwide This Morning.