A landmark legal challenge in Guyana has temporarily suspended a cybercrime prosecution, placing the nation’s 2018 Cybercrime Act under unprecedented judicial scrutiny over free speech concerns. The Diamond Magistrate’s Court witnessed a pivotal development on Friday, December 19, 2025, when presiding Magistrate Mr. Dylon Andray Bess halted proceedings against businesswoman Ann Narine to address fundamental constitutional and jurisdictional objections raised by her defense team.
Defense counsel Dr. Vivian Williams, a New York-based attorney appearing alongside Nigel Hughes, presented a comprehensive motion to dismiss the charge of ‘using a computer system to publish electronic data with intent to humiliate.’ Dr. Williams argued the charge was legally defective, excessively vague, and insufficiently particularized to meet constitutional standards.
The defense mounted a novel jurisdictional challenge questioning what constitutes adequate pleading of jurisdiction in computer-related offenses, particularly when such prosecutions may infringe upon fundamental rights to freedom of expression. Counsel emphasized that strict pleading requirements are essential in cases criminalizing speech due to the potentially broad chilling effect on public discourse and risks of jurisdictional overreach.
Magistrate Bess acknowledged the exceptional significance of these constitutional questions, granting a lengthy recess for prosecution consideration. When proceedings resumed, the prosecution requested an adjournment until January 6, 2026, citing unpreparedness to respond to the defense’s substantive objections. The court granted the adjournment while directing the defense to submit written submissions detailing their arguments.
The court imposed only nominal bail of GY$30,000 without restrictive conditions, accepting defense arguments that no flight risk existed. Additionally, a separate charge against Ms. Narine for refusing fingerprinting and photography was dismissed entirely.
This developing case represents a potential watershed moment for cybercrime jurisprudence in Guyana, with the forthcoming ruling expected to establish important precedents regarding jurisdictional standards and constitutional limitations on prosecuting speech-based conduct under the Cybercrime Act. The outcome may significantly influence ongoing public debates about potential reforms to the legislation.