For the Record! BVI Legislation Will Not Criminalize Legitimate Free Speech.

BVI Legislation To Curtail Computer Misuse And Cybercrime
Tuesday, February 18, 2014 – 2:24pm

A number of erroneous media articles in the local and international press have been issued regarding the Computer Misuse and Cybercrime Act, 2013 (“Act”).
The Government of the Virgin Islands (BVI) confirms that the first reading and deliberations on the Computer Misuse and Cybercrime Act, 2013 took place on January 13. The draft legislation will receive two further readings with the aim of being enacted by the House of Assembly in the coming weeks.
The Act was drafted following the misappropriation and misuse of private and confidential information from the BVI in April 2013. In accordance with international standards, the BVI Act does not criminalise legitimate free speech, but is designed to protect confidential data and information while preventing its misuse.
Although the BVI Criminal Code, 1997 has certain provisions for the criminalising of certain acts of computer misuse, it does not sufficiently address the other aspects of cybercrime. To this end, the Computer Misuse and Cybercrime Act, 2013 seeks to provide a comprehensive approach to deterring and punishing illegal activities relating to cybercrime and misuse of information.
The new Act will assure relevant stakeholders – both domestic and international – that the integrity and safety of their personal and business data is protected as they continue to undertake legitimate business transactions.
As a well-regulated financial centre which plays a pivotal role in world trade and commerce, the Computer Misuse and Cybercrime Act, 2013, once approved and enacted will protect against illegal access and misuse of computers.
The new Act is expected to buttress and complement BVI’s existing comprehensive suite of laws which conform to highest international standards and best practices.
Additionally, it will strengthen investor confidence, national security and the BVI’s legislative regime. Furthermore, the enactment of this Bill will support the Government’s efforts to promote its vision of the Virgin Islands as an ideal place to work and do business.

GIS Press Release.

Raising Taxes in a Volatile Economic Climate?

The Members of the House of Assembly of the Virgin Islands are meeting again today for the 9th Sitting of the 2nd Session of the 2nd House of Assembly.

Amidst all of the semantics as it relates to Standing Orders (the rules that govern the House), where the Opposition has a barrage of questions for the Government and the Government finds some of the questions misdirected, there is a statement that was made earlier in the Sitting that must not go un-noticed.

Premier and Minister of Finance Dr. D. Orlando Smith has announced a 100% increase in the fee residents are required to pay when leaving the Territory via the sea ports.

Everyone anywhere in the world can identify with this! A fee hike? In this volatile economic climate?

That’s all I am sure most BVI residents will be hearing. But here is the explanation in the Premier’s statement:

Here is the statement:

Madam Speaker, this Territory has been feeling the effects of stagnant revenue growth for some time now. As one small step towards addressing this, my colleagues and I have decided to raise the passenger tax now paid by individuals travelling by sea from $5.00 to $10.00 for BVI residents and fifteen dollars for non residents.

The increase in the Passenger Tax will also allow the Territory to capture lost revenue resulting from the demographic shift over the years of visitors that travel by sea from neighbouring St. Thomas because of insufficient air lift through Terrance B. Lettsome International Airport.

Madam Speaker, this has been a trend that has developed over the years and with the proposed increase it is felt that this should not impact the decision of travelers to travel to the Territory.

Madam Speaker, adaptation of the proposal would result in an equivalent rate of $20.00 that is charged for passenger Tax (Air) for non residents ($15.00 per person plus a security fee of $5.00). In effect residents will realise a moderate increase on a tax rate that has being constant for almost 20 years.

The BVI’s current passenger tax rate is below that of its neighbours in the region. Anguilla for example has a departure tax rate of US $20.00 per adult and $10.00 per child ages 5 to 11 leaving by sea or air for visitors while residents pay a smaller tax of US $5.00.

In St. Kitts and Nevis, citizens currently pay US $18.49 and nonresidents US $21.51. They have also proposed an across the board new rate of US $37.00.

Madam Speaker, we are targeting the beginning of June to effect this change.

In addition Madam Speaker, we will introduce an administrative system that allows individuals to purchase passes that will allow them to travel without the payment of passenger tax on each exit from the Territory. These passes will be valid for predetermined periods of time.

Madam Speaker, I would also like take this opportunity to announce the implementation of a period of amnesty for the penalties associated with the payment of Property Tax, commencing on the 1st June 2013, until the end this year. The period of amnesty will allow taxpayers to become current with their property tax arrears, without being charged for the outstanding penalties.

Madam Speaker this initiative is geared at allowing property owners to become up-to-date on their taxes, without placing the added burden of penalties on their already stretched finances.

Madam Speaker, I urge my colleagues here on both sides of the house to give these two initiatives their full support.

Thank you.

Photo of Premier Smith – GIS

Troubling Journalism?

I continue to be troubled by the trend of my noble profession of journalism and wonder whether I ‘retired’ too early.

Not that I could change the world, but am just saying…

In my time, I had the pleasure of working with some of the Caribbean’s leading journalists, particularly during my stint at Radio Antilles and filing for the Caribbean News Agency, Associated Press and BBC Caribbean.

I believe these were some great years and I look back and cherish those moments, thankful that my career started then and not now.

Why do I say that?

There is the lack of respect by many for the journalist and the lack of ethics that some journalists portray that worries me.

This would not be the first time that a journalist has been threatened with imprisonment or worse, for in fact, the history books would record where journalists have been kidnapped and even put to death for doing their job.

This would also not be the first time that journalists have compromised ethics for a scoop.

In the international media, as it relates to the British Virgin Islands, there is that leak of information that can damage the financial services industry of this Territory. Financial services is one of the economic twin pillars of these islands and its loss or any part thereof can be debilitating.

What the international media has to gain by publishing this information is beyond me!

We also have a situation here in the Virgin Islands where an online news agency, in my view, has breached protocol by accepting highly confidential information leaked from the government (nothing may necessarily be wrong with that), but has published that information ahead of it being made public in the House of Assembly, all in the name of upstaging its media competitors.

This may be arguable from the point of view that ratings are important, the information would eventually be made public anyway and most of all that the information is factual and perhaps even warrants an investigation into the workings of government.

On the other hand, was it critically important to release the information days ahead of it being officially released? In fact, in this case, we see that although the Report was eventually laid on the Table of the House of Assembly, which then made it a public document, it was later withdrawn because of questions raised by the Opposition!

Of course, the credibility of the news agency is being called into question now. I am personally disappointed in this news agency, which I considered the more professional of the lot. Now I wonder.

I believe timing is important, ethics must be maintained and this dog eat dog cut throat mentality that pervades society must not continue to be this dominant, especially in a profession that everyone depends on to hold society accountable. You might say here that this is a paradox, but I insist that in this case, the news agency could have at least waited 5 minutes until after the Report was made public to publish its article. Write the article and hold it until such time!

Then internationally, another journalist will know her fate on Wednesday after she upheld her right, according to Journalism 101, that a journalist should never reveal her/his source. She was reporting on information she received that might have prevented a killing in the United States.

I continue to say – journalists must continue to be held accountable for their mandate to build up and not destabilize a country/community. In addition, journalists must be allowed to practice their profession without fear or favour.

To accomplish this, we (yes I said we) need to band together and recognize that we are on the same team trying to accomplish the same goals!

Or are we? Therein may lie the problem that we oftentimes create for ourselves.

Where do we draw the line colleagues, between ratings and sensationalism and good journalism!?

Photo Caption:

My colleagues at the Radio Antilles newsroom of 1989. Spot me? Don’t laugh! That was over 20 years ago, ok!

National Symbols. Should Every Country Adopt Their Own?

This question has been at the forefront of discussion in at least two of Britain’s dependencies in recent months.

For the British Virgin Islands, a Territorial Song and National Dress have now been adopted, but for Montserrat, the search is on, again.

National symbols are emblems or icons intended to define or unite a community. As such, national symbols would represent the national people, values, goals or history. Countries would display their national symbols – flags, songs, dress, animals, flowers, plants, trees, food, drinks – during celebrations of patriotism.

For me, this begs the question: Why would dependent countries or colonies want to establish their own national symbol, since such already comes with their state of sovereignty?

The implementation of a Territorial Song in the British Virgin Islands is an ongoing lesson, for while the government insists that students learn it and sing it at school functions and also that it is sung before government ceremonies, there seems to be a challenge.

The song, “Oh Beautiful Virgin Islands” is great. In fact, I love it. Written by the brother and sister team of Ayanna Hull Brathwaite and Kareem Nelson Hull, the words are meaningful and cultural, the rhythm is infectious and it was perfectly rendered by Deanna Wattley.

The song speaks to the history of the islands, the ability of its peoples to overcome the pains of the past and preserve the beauty of the country, own lands and educate themselves. It also asks God’s continued blessings, courage for its leaders, wisdom and understanding for its people.

However, some people seem either to be not quite sold on this national symbol or are not au fait with the protocol that should obtain. So we have Myron Walwyn, BVI’s Minister of Education and Culture, expressing disgust and unbelief that many, including a Member of the House of Assembly at one point, continue to disrespect this national symbol.

According to what I understand, when the song is being played, one should sing, or not, but definitely stand aloof for the duration. So maybe some more education is needed on the topic.

In Montserrat, the Reuben Meade government earlier this month launched a National Song search to identify a symbol that would ‘be reflective of the spirit of the nation’.

Critics have said Montserrat should be focusing on rebuilding the country’s economy and the state of affairs of its peoples, after reeling for the past 17 years from the effects of an erupting volcano.

I personally support having a National or Territorial Song. It’s all about identity. And since an attempt was made 20 years ago to establish a National Song, this new attempt affirms that Montserrat is rising from the ashes in more ways than one.

As an aside, I really loved that song ‘Oh Montserrat’ and think that should be remade and become Montserrat’s National Song!

But whether there is a National or Territorial Song or not, the British National Anthem will still be played and the British Flag continue to be flown, unless of course these dependencies renounce that status. The British national symbols still supersede in terms of protocol. But a Montserrat National Song or a Virgin Islands Territorial Song for example will unquestionably evoke an incomparable sense of pride and patriotism in citizens.

Just look at the Americans when the U.S National Anthem is played!