Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Our Readers' Opinions
August 9, 2016

Rehabilitate, not criminalize children over cyberbullying!

Editor: One of the earliest arguments I heard in favour of the Cybercrime Bill 2016 was from the Minister of Information, when in a press conference he lauded it as being about protecting children. Children are cyberbullied, it was argued. The truth is that, at that time, there was absolutely no provision in the bill which specifically dealt with the cyberbullying of children. During the last two select committee meetings to which I was invited, an effort was made to split the offence into two: one for cyberbullying of a child or vulnerable (which includes a disabled) and another for cyberbullying of a person other than a child or vulnerable.{{more}}

I wish to focus on and expand on my proposals for this area, as first expressed in Select Committee meetings and in my recent letter to Reporters Without Borders (RSF). They are twofold: 1. Cyberbullying should not be criminalized, but should be addressed, where necessary, as a tort in a civil court and 2. Preventative measures should be emphasized rather than punitive.

One of the greatest dangers of criminalizing cyberbullying is the fact that we can easily catch and create criminals among children, because let’s face it, children cyberbully children. In SVG, the age of criminal responsibility is eight years old and a child can be detained as a juvenile offender by about age 16 (although we have no juvenile detention centre to house them). In the revised bill, the select committee and its invitees (NOT ME – I DISAGREE WITH CRIMINALIZING CYBERBULLYING) decided to raise the penalties for the cyberbullying of a child or vulnerable to $150,000 or three years in prison, or both at summary conviction and $250,000 or five years or both at conviction on indictment. This is higher than for the cyberbullying of a person other than a child or vulnerable; in other words, an adult who is not a vulnerable. Of course, this means that in a case of a child who is convicted of cyberbullying another child, he or she, on the face of it, already faces a greater maximum penalty than an adult cyberbullying an adult. Think about that.

Children sometimes say terrible things without considering the consequences, words that may hurt, insult, shame, criticize etc. Is criminalizing them the answer? I think not. Remember a hand was not lifted, no blood was shed by an act committed by the child. Furthermore, even the truth spoken can be seen as cyberbullying under the vague, subjective and legally uncertain language used in the definition of cyberbullying. Will we criminalize a child for repeating the truth in cyberspace? In my letter to the RSF I said, “I have proposed instead social intervention to address the behaviour, involving schools’ administrations, parents and students in anti-bullying programs, victim-proof programs, education on tolerance and responsible use of cyberspace and such like.” I sincerely believe this is a better approach as a preventative measure, which will offer true protection of children, helping them to avoid bullying behaviour, as well as to not become victims of bullying. I have recommended models such as Tom Thelen’s Victim-proof program in the USA.

Do you know that in Trinidad & Tobago’s Cybercrimes Bill 2016 they have a separate section dealing with child offenders? And do you know the fines are significantly smaller (based on age – 16 years and over and under 16). More importantly, do you know their bill gives the court the option of applying other measures which include not criminalizing the child? It says, “In determining the sentence of a child offender… In any case involving a child offender, the Court may-

(a) place the offender in the care of a fit person;

(b) make an order for counselling or any other rehabilitative intervention or treatment or for psychological evaluation and resultant assistance;

(c) make an order for community service pursuant to the Community Service Orders

(d) order that no conviction be recorded;

(e) order that the proceedings be sealed and not divulged without an order of the Court; and

(f) make such other orders as it deems fit.”

These opportunities are geared towards rehabilitating children and teaching them how not to be bullies and I find the measures (community service) to be more proportionate for children who have engaged in cyberbullying. The order that no conviction be recorded is proportionate, since it does not criminalize a youth or child over words/communication online that may very well be the truth. Other jurisdictions deal with cyberbullying among children in a strictly non-criminal manner. They address most serious cases from a civil court standpoint. It is clear to me that the claim that the Cyberbcrime Bill 2016 is about protection of children is an emotional argument which leads to hasty adjustments of the section, without giving due reflection to the implications and significance for the very children themselves. Since children cannot pay those hefty fines, parents will have to do it. And when parents cannot pay the fines, the 16 year old will be imprisoned. Where will you detain the offender? It begs the question-who really is this criminal cyberbullying offence meant to deal with? I am not fooled that it is about protecting children. It seems to be more about satisfying vendetta and revenge among some thin-skinned adults, even in high office, who need to learn tolerance!

Anesia O. Baptiste

  • FacebookComments
  • ALSO IN THE NEWS
    ULP, NDP sign Code of Conduct for 2025 General Elections
    ULP, NDP sign Code of Conduct for 2025 General Elections
    Jada 
    November 4, 2025
    Director of the Institute of Governance and Politics of Latin America and the Caribbean Augustine Ferdinand and Chairman of the New Democratic Party D...
    Walters receives lively send off
    Front Page
    Walters receives lively send off
    Webmaster 
    November 4, 2025
    Former parliamentarian and government minister, Selmon Walters was laid to rest on Saturday, November 1, 2025 after a lively home-going service at the...
    Dr Gonsalves calls for vigilance from ‘Labour Warriors’
    Front Page
    Dr Gonsalves calls for vigilance from ‘Labour Warriors’
    Webmaster 
    November 4, 2025
    Leader of the governing Unity Labour Party (ULP), Dr. Ralph Gonsalves has called on supporters of the party to be vigilant in this heightened campaign...
    Front Page
    Dr Friday spells out promises once NDP elected
    Webmaster 
    November 4, 2025
    Two VAT-free (Value Added Tax) shopping days; a one-time 50 percent concession on vehicle duties for public servants with 10 or more years of service;...
    Vincentian NYPD officer dies days after Brazilian Butt Lift surgery
    Front Page
    Vincentian NYPD officer dies days after Brazilian Butt Lift surgery
    Webmaster 
    November 4, 2025
    A Vincentian American woman who was found unresponsive in a hotel room in Colombia and rushed to the Fundación Valle del Lili Hospital on Thursday, Oc...
    Front Page
    Men shot in alleged shootout in Layou hospitalised
    Webmaster 
    November 4, 2025
    The Central Leeward town of Layou, where residents are no stranger to gunshots, erupted with gun shots on Sunday, November 2, 2025 around 8:00 p.m. an...
    News
    Teen who stole from Massy while wearing stolen Corea’s shirt on remand
    From the Courts, News
    Teen who stole from Massy while wearing stolen Corea’s shirt on remand
    Webmaster 
    November 4, 2025
    A teenager, who stole a Corea’s shirt from someone’s clothes line, and wore it in Massy Stores where he allegedly stole more than $100 worth of items ...
    Man remanded for  beating his baby’s mother
    From the Courts, News
    Man remanded for beating his baby’s mother
    Webmaster 
    November 4, 2025
    A young man who beat his baby’s mother in her face with a stick, and struck her brother while he was defending her, was remanded pending sentencing. J...
    Dr. Friday urges ‘Don’t sit on  the fence’
    News
    Dr. Friday urges ‘Don’t sit on the fence’
    Webmaster 
    November 4, 2025
    Leader of the Opposition New Democratic Party (NDP), Dr. Godwin Friday wants the people of St Vincent and the Grenadines to have full confidence in th...
    New Invest SVG site available to host events
    News
    New Invest SVG site available to host events
    Webmaster 
    November 4, 2025
    Persons who want access to a top-class venue for the staging of their events now have access, at a price, to Invest SVG’s newly developed facility on ...
    Madungo, more than food to the nation – Gonsalves
    News
    Madungo, more than food to the nation – Gonsalves
    Webmaster 
    November 4, 2025
    Madungo, derived from the residue of the arrowroot starch, is more than just food. “It is something steeped in our history, in our society, to which w...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok