by Linda Straker
- Yurber Phillip charged with Violation of Privacy, fined EC$35,000
- Phillip published nude photos of a female person on social media
Court records have revealed that Yurber Phillip who was recently charged with Violation of Privacy under the Electronic Crimes Act was last week fined EC$35,000. Failure to pay the sum will result in 18 months imprisonment.
The 25-year old resident of Frequente is the first person to have been charged for violating the Electronic Crimes Act which was passed in 2013. It is alleged that Phillip published nude photos of a female person with whom he had an intimate relationship on a social media platform. The legislation explains that ‘publishes’ means reproduction in the printed or electronic form and making it available for public
He first appeared at the St George’s Magistrate Court on Tuesday, 28 August and was placed on bail. He was fined last Friday, 5 October 2018 after pleading guilty to the offence. The maximum fine for this offence is EC$200,000.
Section 10 (1) of the Electronic Crimes Act (Violation of Privacy) states that, “a person who, knowingly or without lawful excuse or justification, captures, publishes or transmits the image of a private area of a person without his or her consent, under circumstances violating the privacy of that person, commits an offence and is liable on summary conviction to a fine not exceeding two hundred thousand dollars or to a term of imprisonment not exceeding three years or to both.”
Violation of Privacy is one of the offences clearly identified in the legislation. Police have warned that because of the clear definition, images of others, specifically images that depict an individual’s private areas, refer to the genitals, whether naked or covered by undergarments, the pubic area, the buttocks or the female breast.