Capture and/or storage of material without consent
– Does this figure exist in the legal framework? (Source):
a) Under Section 14 of the Computer Misuse Act, (CMA) the use of computers to send messages or electronic communications that are indecent or obscene; threatening; menacing in character intending to cause the person receiving it annoyance, inconvenience, distress or anxiety is penalized.b) Section 12 of the CMA also establishes sanctions for the unauthorised access (without consent) to data/media.
– Potential Sanction:
a) Under Section 14 -Liable on summary conviction to a $10,000 fine and or 12 months imprisonment.b) Under Section 12 – (5) A person who is guilty of an offence under this section is liable on conviction on indictment to a fine of $50, 000 or to imprisonment for a term of five years or to both.
Non-consensual distribution of material
– Does this figure exist in the legal framework? (Source):
This is also covered under the above Section 14 of the CMA.
– Potential Sanction:
Under Section 14 -Liable on summary conviction to a $10,000 fine and or 12 months imprisonment.
Obtaining images captured by a third party
– Does this figure exist in the legal framework? (Source):
This is also covered under Section 12 and Section 14 of the CMA.
– Potential Sanction:
Under Section 14 -Liable on summary conviction to a $10,000 fine and or 12 months imprisonment.Under Section 12 – (5) A person who is guilty of an offence under this section is liable on conviction on indictment to a fine of $50, 000 or to imprisonment for a term of five years or to both.
Distribution of images captured by a third party
– Does this figure exist in the legal framework? (Source):
This is also covered under Section 14 of CMA.
– Potential Sanction:
Under Section 14 -Liable on summary conviction to a $10,000 fine and or 12 months imprisonment.
Crimes involving minors
– Does this figure exist in the legal framework? (Source):
In Barbados, a minor is any person under 18 y.o. (Minor’s Act 1974 – Section 3). However, under sexual consent can be given from age 16.a) The Protection of Children Act Section 3 (1) states that any person who takes distributes, shows or publishes any indecent photograph of a child is guilty of an offence.b) Section 13 of the CMA, specifically, refers to the dissemination of pornographic images of children and states person who publishes, produces or possess child pornography through a computer system is guilty of an offence (Section 13.1).
– Potential Sanction:
a) Protection of Children Act Section 9 (1) – A person who is convicted of an offence under this Act Punishment. is liable (a) on conviction on indictment to imprisonment for a term of 5 years; or (b) on summary conviction to a term of 2 years.b) By Section 13 – liable on conviction on indictment, (i) in the case of an individual, to a fine of $50,000 or to imprisonment for a term of 5 years or both; or (ii) in the case of a corporation, to a fine of $200, 000.
Threats or extortion linked to the dissemination of the material
– Does this figure exist in the legal framework? (Source):
This is also covered under Section 14 of CMA.
– Potential Sanction:
Under Section 14 -Liable on summary conviction to a $10,000 fine and or 12 months imprisonment.
Other potentially criminal behaviors, crimes of discrimination or violence against women, etc.
– Does this figure exist in the legal framework? (Source):
Sexual Offences Act, Section 3, penalizes rape.
– Potential Sanction:
Maximum penalty of life imprisonment.