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NEWS
June 20-26, 2020
TURKS AND CAICOS WEEKLY NEWS
Bill to criminalise harassment and threats sparks outrage BY DELANA ISLES A NEW BILL to protect residents from verbal and physical harassment, abuse, threatening telephone calls and false information, is set to be presented to the House of Assembly next week. But days before the debate, the bill, which has been made public, has sparked outrage, consternation and criticism from a cross section of the population. On Monday (June 22), a bill titled the Public Order and Criminal Justice Ordinance 2020 will be presented to members for their perusal, debate and possible passage. Under the proposed law the following acts will be criminalised: affray (fighting in public), fear or provocation of violence, intentional harassment, alarm or distress, harassment, alarm or distress, and mental element. Also included are sending letters with intent to cause distress or anxiety, improper use of public telecommunication systems, and intimidation and harm of witnesses, jurors and judicial officers. Leader of the Progressive National Party, Washington Misick, said in a statement
Opposition leader Washington Misick said the bill has “broad and unjustified risks for abusive application"
on Friday that he will not be supporting the bill come Monday. “We cannot and will not give our consent to legislation that is ill-conceived and carry the risk of suppressing criticism. This is a clear consequence of this bill intended or not,” he stated. The Opposition leader called the bill “ambiguous” adding that it has “broad and unjustified risks for abusive application”. The only part that he is supporting, he said, is the part aimed at protecting witnesses and judicial personnel from
Published by Turks & Caicos News Company Ltd. Cheshire House, Leeward Highway, Providenciales P.O. Box 52, Turks & Caicos Islands, BWI W. Blythe Duncanson - Publisher/Editor-in-Chief Olivia Rose - Senior Reporter Faizool Deo - Sports Editor (At Large) Cord Garrido-Lowe - Graphics Consultant (At Large) Dilletha Lightbourne-Williams - Office Manager Email: (Advertising) tcnews@tciway.tc, (News) tcweeklynews@gmail.com Tel. 649-946-4664 (office), 649-232-3508 (after hours) Website address: www.tcweeklynews.com Follow us on: Facebook: facebook.com/tcweeklynews Twitter: twitter.com/tcweeklynews1
intimidation and harm which should be set out in a standalone bill. “The Opposition view is that the case has not been made for the justification of the risk to the freedom of expression that could result from passage of the current bill.” He said this is critical even where the language or action may be insensitive or aggressive. “We say that against the TCI cultural background of passionate superlatives, hyperbole and bravado that someone from a different cultural orientation is likely to bring their own cultural bias to our expressions. “The risk of this is real considering the predominance of the law enforcement community by persons from diverse cultures, but generally different from ours. “We are convinced that the enactment of such a bill at this time, and in this form, is misguided.” Former leader of the People’s Democratic Movement, Oswald Skippings, said the proposed legislation is “a devious and blatant case of masked totalitarianism”. “This repressive legislation does not only highlight this Government’s fear of being objectively criticised and held into account, but it clearly demonstrates the Government’s desire to continue to muffle its citizenry both vocally and through media outlets while it continues to exploit, oppress, disadvantage and disempower its
Former PDM leader Oswald Skippings said the proposed legislation is “a devious and blatant case of masked totalitarianism"
people,” Skippings added. The politician questioned whether the church will now be censored if it is in Opposition to, or condemns government policy. He is calling on pastors to speak out about the proposed law. “Will the church, who are supposed to be the ‘watchmen on the wall’, rise to the occasion and speak out about it, since a preacher may in the future be easily not only be accused of and arrested, but fined or imprisoned or both for merely addressing any issue from a prophetic or biblical standpoint or simply from a natural, layman, communal standpoint.” Meanwhile, attorney Mark Fulford called the ordinance a “shut ya mouth” law which would permanently restrict freedoms such as the freedom of speech. “Despite, the likely intention of the bill, it is understandable why we as Turks Islanders would be naturally sceptical of its timing and why we would be inclined to ask ourselves, who is behind this bill? Is it the premier or is it the British?” He continued: “Other questions that leave persons with a profound sense of mistrust, are the questions as to how the bill will be enforced? Is this a tool to create a police state? “Will parliamentarians use the auspices of the bill to make complaints to the police whenever a concerned citizen speaks out against them forcefully? “Is that why we have not heard
from any parliamentarian on this bill? If that is the case, the bill would be an entrapment and should be rejected in its current form.” He stressed that the bill is ambiguous, leaves a lot to interpretation and greater clarity is needed. The bill explains the following: AFFRAY A person is guilty of affray if he uses or threatens unlawful violence towards another and his conduct, causing the other person to fear for their safety. This threat cannot be made by the use of words alone, and can be committed in private as well as public places. A person guilty of affray is liable on summary conviction to imprisonment for no more than six months, or to a fine of $10,000 or to both. On conviction on indictment, the guilty party will be imprisoned for a term not exceeding three years. FEAR OR PROVOCATION OF VIOLENCE A person is guilty of an offence if they use, towards another person, threatening, abusive or insulting words or behaviour, or if they distribute or display any writing, sign or other visible representation which is threatening, abusive or insulting with intent to cause that person to believe that immediate unlawful CONTINUED
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