Statement by Deputy Governor on false statement in a Mika Barry Video

On Friday 15 March, 2024, it was brought to my attention that a propaganda and inaccurate sensational social media Facebook release of a Mika Barry video labeled me (David Archer) through a likeness photo of myself and exact words, as “Confirmed Government Official 1”.  Let me categorically and empathetically refute, denounce and factually condemn and deny this defamatory, slanderous, libelous, and vicious attack on my good name and reputation. Equally the erroneous statement is also an attack on the reputation of my office in which I have served with honesty and integrity for the past 5 years. The false statement also has the ability to bring the Government of the Virgin Islands in local, regional and global disrepute.

Outside of common law in the Virgin Islands on defamation of character and slander, specifically the Virgin Islands Computer Misuse and CyberCrime (Amendment) Act, 2019 (Electronic Defamation) Section 14B (1) states, A person commits an offense if he or she defames another person using a computer. Section 14B (2) states, A person who commits an offense under subsection (1) is liable on conviction to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding three years, or both.

Defamation of one’s character is therefore a serious offense and one which I do not take lightly as it impacts my name, profession, and reputation.

I am also aware that many persons are ignorant of the law on this subject noting the popularity of social media. Therefore, I am pausing briefly before pursuing actions against the noted defamatory video by Mika Barry to allow the author and producer to correct the inaccuracy, remove the video and issue me an apology utilising the same mediums (Facebook and Twitter) by which the video was shared by the close of business on Tuesday 19^th March, 2024. Failure to do so by the prescribed time will trigger my action to pursue accountability for slander and defamation through the appropriate legal medium.

The public is strongly advised to become familiar with the Virgin Islands Computer Misuse and CyberCrime (Amendment) Act, 2019.