The Guyana Police Force (GPF) yesterday announced that it will appeal last week’s dismissal of two cybercrime charges against social media commentator Bryan MacIntosh, called “Bryan Max,” maintaining that the evidence presented during the trial established a prima facie case.
In a statement yesterday, the GPF said it would challenge the July 9 ruling of Senior Magistrate Fabayo Azore, who dismissed the charges brought against MacIntosh under the Cybercrime Act.
The magistrate dismissed the charges after a no-case submission by MacIntosh’s attorney Dawn Cush.
MacIntosh had been charged in November 2023 with two offences arising from a Facebook Live broadcast. The first alleged that he used a computer system to attempt to excite hostility or ill will on the ground of race, contrary to Sections 18(1)(e) and 18(2) of the Cybercrime Act, while the second alleged that he attempted to excite ethnic divisions on the ground of race.
The charges stemmed from comments made during the broadcast concerning Vice President Bharrat Jagdeo and social media personality Mikhail Rodrigues, known as “Guyanese Critic.”
In dismissing the first charge, Azore ruled that any hostility generated by the statements would arise from the conduct allegedly attributed to Jagdeo rather than because of his race.
During its ruling, the Court indicated, among other things, in relation to the first offence, that: “The hostility which the allegations might generate would arise from the alleged conduct attributed to Mr. Jagdeo and not because of his race”. The magistrate added that the statements contained “no exhortation, encouragement or appeal inviting Afro-Guyanese people to direct hostility towards Mr. Jagdeo because of his race”.
On the second charge, the magistrate held that the prosecution had failed to produce evidence that MacIntosh had attempted to promote or encourage ethnic division on the ground of race.
According to the ruling, the statements relied upon by the prosecution did not advocate separation between ethnic groups, encourage one ethnic community to oppose another, promote racial superiority or inferiority, or encourage discrimination between Guyana’s ethnic groups.
However, the police said that after reviewing both the ruling and the evidence presented during the trial, they are of the view that the evidence was capable of establishing a prima facie case and that the decision warrants appellate review.
“Accordingly, the Guyana Police Force will appeal the decision,” the statement said.
The charges against MacIntosh were instituted in November 2023 during a period when several individuals, including political activists and social media commentators, were charged under the Cybercrime Act over statements published online.
MacIntosh was attacked and beaten by three men armed with baseball bars at UG Road, Turkeyen in November 2023. When he went to the Turkeyen Police Station to make a report about the attack, the police took his phone and placed him in custody at the Brickdam Police Station and he was then charged with the two offences under the Cybercrime Act.
To date, no one has ever been arrested in relation to the assault on MacIntosh in 2023.
The Cybercrime Act has attracted criticism from civil society organisations, opposition parties and media bodies, which have argued that some of its provisions could have a chilling effect on freedom of expression. The government has consistently maintained that the legislation is intended to address cyber-enabled offences, including the incitement of racial hostility and other forms of online abuse.
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