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The Ethical and Legal Challenges Facing Jamaica’s Digital Landscape

My first encounter with social media was a rushed profile on Hi5, which was the leading social media platform in my age group at the time. Back then, in high school, we never had much experience online. I still take pride in being one of the first generations to experience the World Wide Web with a social component. As teenagers, that early encounter with social media was a combination of awe, wonder, and a steep learning curve. There was the joy of creating our online personalities, but there were also dangers lurking that we were unaware of. No one was thinking about legal and ethical issues, how the law governed social media, or what was considered ethical or unethical behaviour. Unfortunately, as the platforms developed, we soon became aware of just how serious social media was and how we needed to govern ourselves accordingly.

Today, social media has drastically changed how Jamaicans communicate, consume information, promote businesses, and participate in national conversations. There is literally no limit; everything has the potential to become content, and users no longer have to wait on traditional media to tell them what is happening. With this much access to information comes greater responsibility and accountability. I believe the greatest challenges facing Jamaica’s digital landscape in 2026 stem from this reality: content is being created and distributed much faster than most people’s ability to understand the responsibilities and consequences attached. Four issues that stand out to me are misleading information, deceptive advertising, privacy and data protection, and defamation.

Misleading Information

The spread of misleading information is not new at all, but social media has made it faster and easier to cause mass deception. Information can travel across multiple platforms within minutes, and that’s accurate or inaccurate information. The emergence of artificial intelligence (AI) has made this even more concerning. During Hurricane Melissa in October 2025, social media was flooded with videos showing devastation in Jamaica. Among them were multiple AI-generated videos of sharks swimming in a hotel pool and another of destruction at Norman Manley International Airport. The Associated Press reported that these videos attracted millions of views despite depicting events that never happened (Chan & Sobhan, 2025).

Imagine, in a moment when people are most vulnerable, in a national emergency, people found the time to fabricate content in the pursuit of impressions and engagement, showing no responsibility, consideration, or regard for the context of the situation. A challenge that traditional journalism is generally better equipped to address through established editorial and verification processes. While citizen journalism has a place in our media landscape, with AI-generated content becoming more convincing, content creators, social media users, and the like must prioritise sharing accurate, credible information. Being first means very little if the information being shared is inaccurate.

Deceptive Advertising

Influencers are the new celebrities when it comes to advertising. They have become a major part of how brands connect with consumers. In Jamaica, word-of-mouth has power, with referrals going a long way, so it is understandable why businesses are investing in individuals who have built loyal online communities. However, there is a difference between genuinely recommending a product and someone being compensated to promote it. The ethical issues arise when the commercial relationship between brand and influencer is not made clear to the audience.

In 2018, the Jamaica Observer reported on a Caribbean advertising law seminar at which international advertising lawyer Jeffrey Greenbaum encouraged marketers to disclose their relationships with social media influencers, including arrangements involving free products and paid endorsements (Folkes, 2018). All of eight years later, that advice remains relevant. The importance of authenticity was further demonstrated in July 2026 when the Jamaica Observer issued a public warning about a fraudulent website using its name and branding. The fabricated article featured former Cabinet minister Lisa Hanna and falsely suggested her endorsement of an investment platform (Jamaica Observer, 2026). While this isn’t a brand and influencer arrangement in the traditional sense, it shows how impactful endorsements can be and how people may be more inclined to trust information from a recognisable personality or reputable media organisation. I believe that these arrangements should lead with transparency. Audiences should know when content is sponsored, when products have been gifted, and when a recommendation is part of a commercial arrangement.

Privacy and Data Protection

Every day we share personal information online without giving much thought to what happens to our information. I’m guilty of it, and I know most of you are too. We enter competitions, subscribe to newsletters, shop online, and provide personal details to access products and services. Businesses love that! This information is valuable for them and helps them to understand their customer base, personalise communication, and develop more targeted ads and marketing campaigns. However, having access to someone’s personal information doesn’t automatically give consent to use it however the business chooses.

Jamaica’s Data Protection Act, 2020 establishes a legal framework governing how personal information is collected, processed, stored and protected. The Office of the Information Commissioner (2023) identifies several obligations for organisations handling personal data, including adherence to data protection standards and appropriate security measures. Unfortunately, legislation is not Jamaica’s biggest problem, but the enforcement of this legislation is. In June 2026, the Government acknowledged that the enforcement provisions of the Act had not been fully activated and outlined measures to strengthen the Office of the Information Commissioner (Patterson, 2026). So where do consumers fall? What happens to their protection while the systems sort themselves out? In the meantime, companies can do more to secure consumer trust. They should provide information about how personal information will be used, who will have access, and how long it will be retained.

Defamation

Jamaicans are not shy about expressing opinions online, nor should we be. Public criticism is a solid part of a healthy democracy, but there are many existing fine lines that can be damaging to a person’s reputation if crossed. In 2025, a woman was fined $500,000 for contempt after failing to obey a court order connected to a defamation lawsuit over social media posts (“Woman Fined $500,000,” 2025). The fine was for disobeying the order, not a final ruling that the posts were defamatory. Nevertheless, the case shows that online publication can have real legal consequences. Jamaica’s Defamation Act, 2013 specifically addresses publications on the internet (The Defamation Act, 2013). Before posting or repeating an accusation, we owe it to ourselves and others to establish the facts.

So, what next?

Greater emphasis must be placed on digital and media literacy, ethical content creation, transparency in advertising, and compliance with the laws designed to protect consumers and reputations. Platforms and their regulators also have important roles to play, but responsibility cannot rest with them alone. As individuals, we must aim to be responsible online and offline. We must consider the credibility of the information we share, the relationships we build, and the long-term implications of our communication.

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