Telecommunications companies and other service providers operating in Antigua and Barbuda now face substantial fines and potential imprisonment if they fail to cooperate with criminal investigations, following Parliament's approval of amendments to the Electronic Crimes Act on Tuesday.
According to Antigua News Room, the Electronic Crimes (Amendment) Bill 2026 expands law enforcement's authority to obtain electronic data and computer records from service providers, while introducing firm new penalties for companies that refuse or delay compliance with court-issued production orders.
Attorney General Sir Steadroy Benjamin told lawmakers the amendments were necessary because investigators have repeatedly encountered difficulties obtaining information from telecommunications providers — records that can prove critical to solving crimes.
Under the legislation, service providers may be compelled to produce electronic data, computer output, and other digital information requested by police or other law enforcement agencies, provided a court order is in place.
The bill also broadens the scope of obtainable information by expressly including data stored through cloud-based services — a change lawmakers said was essential to keep pace with rapidly evolving technology.
During the committee stage, Parliament amended the bill to ensure that references to law enforcement agencies explicitly include the Office of National Drug and Money Laundering Control Policy (ONDCP), granting the agency clear authority to seek information under the legislation.
Among the most significant changes for the telecommunications sector is the introduction of enhanced penalties for non-compliance. Parliament approved fines of up to $100,000 and imprisonment for persons who fail to comply with production orders. A new daily penalty of up to $5,000 was also added for continued non-compliance after a provider has been given up to 21 days to produce the requested information.
Government MPs argued that the measures were necessary because some service providers have resisted or delayed handing over information needed by investigators. Member for St. Peter Rawdon Turner said the legislation would give police an additional tool to combat increasingly sophisticated criminal activity, including scams targeting businesses and individuals.
Several lawmakers cited examples of fraudsters exploiting telecommunications networks and digital platforms to carry out scams, arguing that timely access to provider records is often essential to identifying suspects and preventing further offences.
The legislation requires service providers to comply with lawful requests for information while maintaining confidentiality surrounding production orders when directed by the court.
Parliament ultimately approved the amendments with bipartisan support, with government and opposition members agreeing that stronger cooperation between service providers and law enforcement is necessary to address modern forms of crime.
