Malicious communication, often addressed under cybercrime laws, refers to sending offensive, indecent, or threatening messages electronically with the intent to cause distress or anxiety. This can include inciting violence, threatening harm, or sharing intimate images without consent. The specific laws and penalties vary depending on the jurisdiction. Milton Wray popular Jamaican TikToker 119 was arrested on Tuesday and hit with a charge of malicious communication under the Cybercrimes Act in relation to two social media posts.
According to the Cybercrimes Act, there are three ingredients that must be proved by the material presented to an investigator before a prosecution can be initiated under this section.
They are: one, that a person used a computer to send or publish material by a person to a social media site; two, that the data sent is obscene or constitutes a threat or is menacing in nature, intending to threaten with harm or danger; and three, that the material which is either obscene or a threat or menacing in nature, or all three, or a combination of the three, was sent with the intention to harass any person or cause harm or the apprehension of harm, to any person or property.
“I begged them to tell me what words in my post amounted to ‘malicious communication’. The officer replied ‘that’s why there is a judicial system that will be revealed in court’,” he explained when contacted by the press.
The Tiktoker, who is a former journalist, is relishing the challenge to his freedom of speech and expression rights which he believes are “core human rights”. Wray passionately asserts that the newly enacted Cybercrimes Act is unequivocally unconstitutional, as it dangerously undermines the principles enshrined in the Charter of Fundamental Rights and Freedoms. He declared, “It is imperative for every citizen of Jamaica to recognize that speaking the truth could lead to police action, arrest, and charges against you. The provisions of this law are a direct threat to our freedoms and have no place in a truly free and democratic society.” We should all pay attention this is a threat to our freedom of speech and expression.
