Senior cop issues sex tape warning

Patrick Linton, head of the Cybercrimes Division at the Major Organised Crime and Anti-Corruption Agency (MOCA), is warning Jamaicans to think twice before engaging in making raunchy videos.

This following a resurfaced TikTok trend that encourages users to post sexually explicit videos to "prove" they're not single. Speaking on the viral 'Are You Single' challenge, where participants share intimate videos including performing oral sex, Linton said that if someone publishes the video without the creator's consent, "it's a breach of an applicable legislation, an offence under the Cybercrimes Act [and] it's obscene publication if they need to have redress". But Linton explained that even with laws in place, pursuing justice can be difficult, especially when videos don't clearly show the person's face.

"Based on what I've seen, you cannot clearly see the face of the person. If you don't know them personally, you couldn't look at the video and identify them," he said. "And with this whole AI-generated content thing, somebody can just seh, 'A nuh yuh dat, a AI mi use.'"

Even when individuals are identifiable by tattoos or birthmarks, victims still face major obstacles in getting redress. Linton pointed out that Jamaica lacks the legal reach to compel social media platforms to cooperate in investigations.

"Let's keep it real. We cya inna Jamaica and subpoena TikTok fi nothing. Dem nuh business wid wi, we are not a big country like that," he said. "So while it's an offence, getting information from these platforms is not easy. We have to do what we call mutual legal assistance, and that's a tedious process."

Attorney Hugh Wildman confirmed that Jamaican law does offer protection for victims of non-consensual distribution of explicit content.

"Victims can rely on the right to privacy under the Constitution," Wildman explained. "Anyone offended by the publication of intimate videos can seek relief, including injunctive relief, against the person who posted it if they can find them."

Senior Superintendent of Police Dennis Brooks, senior communications strategist at the JCF, said he was not familiar with the Are You Single challenge and was unclear on how it would be addressed legally.

"I'm not familiar with the trend, and I don't know that it's a constitutional matter. It might be a cybercrimes matter, but I'd have to consult the law," Brooks said. Pressed on how the JCF would handle cases of non-consensual distribution of intimate content, Brooks said he would need to consult experts before giving a response.

Linton stated that although "we can't provide quick redress", he reiterated that persons who feel that people post their content without their permission, should report it.

"I can only tell people fi protect themselves. The reality is, it's only going to get worse. Everybody pushing content nowadays. That's the age we live in."