But, there is a recent example of the cybercrime laws being abused by overly sensitive public officials - and one attorney wants a section of the law struck down. It's the case of Nichole McDonald. Her attorney Leslie Mendez has filed a constitutional challenge in the High Court against the Attorney General, arguing that a controversial section of the Cybercrime Act of 2020 violates her constitutional right to freedom of expression.
McDonald is seeking to have Section 15(4)(a) of the Act declared unconstitutional, null, and void. The legal battle stems from a single Facebook comment directed at former Commissioner of Police Chester Williams.
The lawsuit claims that section of the law can criminalize speech that has no connection to the law's original objective. She says it uses criminal prosecution to punish public interest speech that could otherwise be addressed through civil defamation claims.
The claim states, quote "The criminalization of false statements, without more, constitutes an excessive and disproportionate mechanism that chills and punishes public interest speech."
In addition to asking the High Court to strike down the cybercrime provision, McDonald is seeking declarations that her rights against unlawful search, detention, and abusive treatment were violated. She is also pursuing damages for the severe anxiety, stress, and injury to her personal dignity.
This after she was first arrested in March of 2025, and detained for four days at the Queen Street Police Station. She claims that while in custody, she was denied food, water, and essential sanitary products. After 17 stressful court appearances, the case was dismissed for want of prosecution in November 2025, though the ordeal cost McDonald her job.
And then, without explanation or request from Chester Williams, she was arrested again last month and detained overnight on the exact same charge, She was taken to court in handcuffs and shackles before being released on a $4,000.00 bond.
Her attorney argues that the actions taken by authorities, alongside the legislation itself, represent unjustifiable restrictions on her freedom of conscience and expression under the Belize Constitution.
