In October of 2020, the telecommunications sector in Guyana was liberalized, and there has reportedly been a 61% increase in the sector since then. Guyana now has three submarine fibre optic cables.

Private sector investment in the sector has increased by 40% between 2020 and 2023, from $10.5 billion to $14.6 billion. Mobile subscription grew by 11% between 2020 and 2022, while broadband subscription overall grew by 15% over the same period. Fixed broadband subscription grew by some 36%.

Following the liberalization of the telecommunications sector in October 2020, E-Networks Inc. established itself as a new player in the sector. New licences were issued to the telecommunications undertakings, which permit the installation, operation, and provision of both fixed and mobile telecommunications services.

Post-2020, licences were issued to two (2) additional telecommunications undertakings: Green Gibraltar Inc. in January 2022 and Quark Communications Inc. in July 2023, both of which are yet to establish a significant presence in the sector.

The main players in the telecommunications market in Guyana are the following:

• One Communications (formerly Guyana Telephone and Telegraph, “GTT”): provides mobile, fixed-line, and broadband Internet services, and subsea fibre infrastructure.
• Digicel Guyana: provides mobile voice and data services, 4G LTE mobile broadband, business connectivity, and fixed wireless broadband solutions.
• ENet (formerly E-Networks): provides fixed broadband (fibre and LTE), mobile services, and Pay TV (cable/IPTV) services.

Official market share data for Guyana’s telecommunications and Pay TV sectors is not publicly available; however, current penetration is 81% (2024). The primary access method is smartphones via 3G/4G networks. Pay TV is well established in Guyana.

The market is dominated by a few key players who offer a mix of cable, satellite and IPTV.

The key players are:

• One Guyana, which provides a digital cable service. Primary provider
• E Networks, which provides digital cable and internet service. 
• Digicel Guyana. IPTV, which delivers television content over the internet. 

There are also other options, including satellite TV and free-to-air.

There has been significant infrastructural expansion in Guyana. The key components of the development program are the following:

• National Broadband Expansion
• Fiber to the home rollout
• Tower development
• Digital government and public services
• National digital ID Project
• Online portals and e-services 
• Digitization of public records
• Development of digital payments and Fintech
• Increased focus on cybersecurity and data protection

Challenges include:

• The digital divide and geographic disparity between the coast and the hinterland exacerbate the social and economic disparity
• High cost and affordability
• Inadequate legal and regulatory framework
• Cybersecurity threats and vulnerabilities 
• Shortage of skilled ICT professionals
• Infrastructure reliability and redundancy

The telecommunications sector in Guyana is primarily governed by the following legislation:

• Telecommunications Act 2016 (Act No. 18 of 2016) together with its amendments and Regulations, which make provision for the regulation of the provision of certain telecommunication services in Guyana.
• Data Protection Act 2023, which regulates the collection, keeping, processing, use, and dissemination of personal data, and protects the privacy of individuals in relation to their personal data.
• Cybercrime Act 2018, which creates offences in relation to cybercrime and provides for penalties, investigation, and prosecution of offences.

The Public Utilities Commission is responsible for the economic regulation of the telecommunications service providers. Its main functions include the responsibility for fair and competitive pricing in the sector and consumer protection; interconnection and access and monitoring to ensure effective compliance with the licenses issued to operators; and monitoring the quality-of-service performance indicators and reporting on the same. The Commission also holds the responsibility for advising the Minister on policies relating to the sector, which include, but are not limited to, interconnection and access, regulation of prices, competition and consumer protection.

The telecommunications agency, which is the technical regulator, implements the Minister’s policy directives; receives, reviews and makes recommendations on applications for licences and frequency authorization; advises and supports the Minister on matters related to policy licence, spectrum and international relations; monitors and enforces compliances with licenses and frequency authorisation manages the spectrum; plans, supervises, regulates and monitors harmful interference and other technical aspects of telecommunications, including numbers, and administers universality fund and the universal access service program.

The Telecommunications Act, Cap. 47:02 and the Telecommunications (Licensing and Frequency Authorisation) Regulations 2020 provide that any person who operates a telecommunications system or provides a telecommunications service in Guyana must hold a licence granted by the Minister responsible for telecommunications.

Under section 5(1) of the Act, it is an offence to operate a telecommunication system without authorisation, and under section 7(1), the Minister, after consultation with the Director of Telecommunications, may grant such licences. A licence may authorise the operation of a specific system and the provision of particular services, subject to the conditions set out in section 7(6).

The Licensing and Frequency Authorisation Regulations 2020 supplement the Act by setting out the procedure and requirements for obtaining a licence or a frequency authorisation. The Regulations prescribe the application process: submission of a written application to the Telecommunications Agency, together with technical, financial, and corporate documentation; evaluation by the Agency; and recommendation to the Minister for approval or refusal. All licences are subject to prescribed fees and may include conditions relating to service quality, interconnection, coverage, and universal service obligations.

There is no separate class of licences for specific service types such as Internet access or mobile telephony; rather, the Act establishes a single licensing framework for all telecommunication systems and services.

The Telecommunications Act, Cap. 47:02 and the Telecommunications (Licensing and Frequency Authorisation) Regulations 2020 do not expressly prohibit or provide for foreign ownership restrictions of telecommunications operators in Guyana.

Neither the Act nor the Regulations prescribe any limitation on the nationality or percentage of foreign shareholding in a licensee. Section 7(1) of the Telecommunications Act authorises the Minister, after consultation with the Director of Telecommunications, to grant a licence to operate a telecommunication system or to provide telecommunication services, but it does not impose any requirement that the licensee be locally owned or controlled. Similarly, the Licensing and Frequency Authorisation Regulations 2020 require applicants to submit technical, financial, and corporate information to the Telecommunications Agency but do not include any ownership or nationality criteria.

Notably, the Companies Act of Guyana allows a foreign company to carry on business in Guyana, provided it registers as an external company with the Registrar of Companies. Additionally, Section 4 of the Investment Act 2004 states that there shall be no discrimination between foreign and domestic investors nor among foreign investors from different countries. There are no special restrictions or caps on foreign equity ownership in telecommunications or ICT sectors under the Investment Act.

The Telecommunications (Pricing) Regulations 2020 make provision for wholesale and retail pricing of public telecommunications networks and public telecommunications services. However, it does not apply to the pricing of interconnection, access, collocation, or the joint use of facilities or utility installations.

Regulation 4(1) provides that prices for telecommunications services on a wholesale and retail basis must be determined by operators and service providers in accordance with the principles of supply and demand. Operators and service providers must provide prices that are fair and reasonable and shall not discriminate unduly among similarly-situated persons, including the operator or service provider itself and anybody corporate with which it is affiliated.

Further, Regulation 10(a) and (b) state inter alia that the Public Utilities Commission shall implement a price cap regime in any instance in which it determines that price regulation should be instituted. Further, the Commission may also implement price floors in any instance, provided that it deems appropriate (Regulation 13).

The Telecommunications Act 2016 does not expressly prohibit or regulate the transfer or assignment of telecommunications licences or frequency authorisations. However, Regulation 20 of the Licensing and Frequency Authorization Regulations provides that both during the process of an application for a licence and after a licence has been granted, the applicant must promptly inform the Telecommunications Agency of any matter included in its application that changes in any material respect. This may include changes in ownership, control or any other circumstance that may affect compliance.

Yes, the Telecommunications (Universal Access and Universal Services) Regulations 2020 make provision for universal service obligations. These Regulations create the statutory framework for achieving universal access and universal service in Guyana, ensuring that telecommunications services are available to all persons, particularly those in unserved or underserved areas.

Regulation 5 states that the Minister may, after seeking the advice of the Telecommunications Agency:

• Designate, by order, universal access and universal services obligations that shall be mandatory for some or all operators and service providers whose licences authorize them to operate the relevant type of public telecommunications networks or provide the relevant type of public telecommunication services;
• Include universal access and universal service obligations in licences granted to operators and service providers; and
• Select, through competitive selection processes, operators and service providers to carry out projects to provide public telecommunications networks and public telecommunications services intended to achieve the objectives of universal access and universal services, with funding provided from the Universality Fund in accordance with the Regulations.

The Telecommunications (Interconnection and Access) Regulations 2020 makes provision for operators, service providers and public utilities to co-operate with each other in order to achieve integrated public telecommunications networks and public telecommunications services throughout Guyana, promote efficiency, sustainable competition and fair trade in telecommunications, and to allow the users of any public telecommunications network or public telecommunications service to communicate with the users of any other public telecommunications network or public telecommunications service in a seamless manner and without unreasonable delay. In accordance with Regulation 6(1), every operator and service provider shall, inter alia, on a timely basis:

• Upon the written request of an interconnecting operator or service provider, provide direct and indirect interconnection to its own telecommunications networks and telecommunications services for the telecommunications networks and telecommunications services of the interconnecting operator or service provider;
• Provide transit services at any technically feasible point in its telecommunications network to interconnecting operators and service providers;
• Refrain from refusing, obstructing or in any way impeding, other than for justified technical grounds stated in writing and approved by the Commission, the direct or indirect interconnection of or transit services to an interconnecting operator or service provider.
• Provide interconnection link capacity within its telecommunications network and between its telecommunications network and that of an interconnecting operator or service provider, to enable transmission, switching and routing of telecommunications over both telecommunciations network.

Radio spectrum in Guyana is managed by the Telecommunications Agency established under the Telecommunications Act 2016 and related regulations. Frequencies are assigned through frequency authorisations issued by the Minister, based on the Agency’s recommendations. High-demand bands may be allocated through competitive selection processes such as auctions or tenders, while standard assignments are made on application.

The installation of telecommunications infrastructure in Guyana requires national authorisation under the Telecommunications Act 2016 and may also be subject to municipal or local approvals under applicable planning, building, and environmental laws. Under section 7(1) of the Telecommunications Act 2016, no person may construct or operate a telecommunications network (which may include towers, masts, ducts, poles, conduits, or cable systems) without a licence granted by the Minister responsible for telecommunications, after consultation with the Telecommunications Agency. This licence may authorize both the deployment and operation of network infrastructure nationwide.

In addition, the Telecommunications (Interconnection and Access to Facilities) Regulations 2020 (Reg. No. 7 of 2020) establish detailed rules for the use and sharing of support structures.

Same as above. 

The landing and operation of submarine cables in Guyana require regulatory authorization under the Telecommunications Act 2016 and the Telecommunications (Licensing and Frequency Authorisation) Regulations 2020 (Reg. No. 4 of 2020). Under section 7(1) of the Telecommunications Act 2016, no person may operate a telecommunications network or provide telecommunications services without a licence granted by the Minister responsible for telecommunications, after consultation with the Telecommunications Agency. Submarine cable systems, including landing stations and associated facilities, may likely fall within the statutory definition of a telecommunications network, and therefore may only be established and operated under a valid licence and, where applicable, a frequency authorisation.

Same as above.

Yes. Same as above.

Direct-to-device (D2D) satellite communication is regulated in Guyana under the general framework of the Telecommunications Act 2016 and the Telecommunications (Licensing and Frequency Authorisation) Regulations 2020 (Reg. No. 4 of 2020). Although the legislation does not expressly reference D2D or non-terrestrial mobile services, such operations fall within the Act’s broad definitions of a “telecommunications network” and a “telecommunications service.”

Type approval.

In Guyana, traditional radio and free-to-air TV (led by the state broadcaster NCN and other TV stations) still reach large audiences nationwide, while Pay TV (mainly cable/IPTV) is supplied by a few local operators (ENet/E-Networks and other cable providers). The National Communications Network ("NCN") is nearing the completion of its transition to digital broadcasting, with infrastructure and transmission upgrades now 80% finished. Once fully operational, NCN will offer a new digital broadcast TV service and a dedicated digital sports channel, marking the first commercial digital broadcasting service in the country. This transition is expected to bring improved television and radio transmission capabilities across the country, ensuring that NCN can offer modern broadcasting options to its viewers. The move to digital is part of a broader strategy to improve the quality of media in Guyana and to keep up with global trends in broadcasting technology.

The key players are:

1. Television and radio stations. For example: National Communication Network ("NCN"), University of Guyana Broadcasting 95.5 Intelligent FM.
2. Private AV and media services For example: Tagman Media, Webfx Guyana, E-Network.
3. Event and Production Support. For example: Emerge Film Solution, Alpha CRC, Fusion Sound System and Travellers Sound.
4. Communication technology services. For example: CTWT Inc.

Regulatory challenges in Guyana’s audiovisual market include limited enforcement capacity under the Broadcasting Act 2011, non-compliance with licensing obligations, and the slow transition to digital broadcasting.

The main pieces of legislation are:

• Telecommunication Act.
• Broadcasting Act
• Broadcasting Guidelines
• Cinematograph and Video Act
• Interception of Communications Act

The regulator is the Guyana National Broadcasting Authority.

The Broadcasting Act 2011 (Act No. 17 of 2011) provides that no person shall carry on a broadcasting service unless he has been granted a licence for that purpose by the Broadcasting Authority. The Act provides for a single class of broadcasting licence, the terms and conditions of which are determined by the GNBA based on the nature of the service.

The licence is granted for the purpose of the broadcasting service specified in the licence. The duration of a licence cannot exceed 10 years.

In accordance with the Broadcasting Act, a licence granted to a person shall not be transferred to any other person without the prior written consent of the Broadcasting Authority.

Foreign investment is generally welcomed and encouraged, but there are specific restrictions and regulations, particularly in certain sectors like broadcasting, and provisions aimed at protecting national interests or promoting local participation.

Restrictions on foreign investment:

• The Broadcasting Act stipulates that a broadcasting license is to be granted only to a company or trust in which at least 51% of the shares are owned by Guyanese nationals. This restricts foreign control in the broadcasting sector.
• There is an exception for nationals of other Caribbean Community ("CARICOM") states. They can hold a majority stake in a broadcasting license, provided there are reciprocal arrangements in their home country for Guyanese nationals.

In Guyana, the number of broadcasting licenses a person or entity can hold is limited to prevent a media monopoly. Specifically, no single company or person can own or control more than 25% of the broadcasting sector.

Audiovisual signals are primarily regulated by the Guyana National Broadcasting Authority ("GNBA") and the Telecommunications Agency.

Any entity that broadcasts audiovisual signals, such as radio and television broadcasters, must obtain a broadcasting license from the GNBA. This process involves a formal application and submission of a business plan.

Production companies and advertising agencies must comply with standard business registration laws in Guyana, as well as obtain specific permits if their activities require it.

All companies, including foreign entities operating in Guyana, must be registered with the Deeds and Commercial Registries Authority. The type of registration depends on the business structure (e.g., sole proprietorship, partnership, or company).

All businesses are required to register with the Guyana Revenue Authority ("GRA") to obtain a TIN.

Other permits and registrations depend on the nature of the production; additional permits may be necessary.

Foreign crews shooting on-location in Guyana must obtain film permits from the Guyana Tourism Authority ("GTA").

Filming in protected areas or Indigenous villages requires permits from the relevant authorities, such as the Protected Areas Commission or the Ministry of Amerindian Affairs.

Advertising regulation: While registration is a business requirement, advertising itself is regulated by the GNBA, which sets standards for content, duration, and time slots.

The Guyana National Broadcasting Authority ("GNBA") has specific guidelines, such as a mandate for local content to support cultural and social development, especially for children's programs. Additionally, broadcasters are required to provide public service announcements and ensure content reflects national development and local values.

National and local content obligations:

• Emphasis on local programming: Guidelines mandate a focus on local programs to foster cultural and social development, with special emphasis on children's programming. 
• Promotion of national development: Broadcasts must reflect and promote national development as well as family, community, and indigenous values. 
• Inclusion of all communities: Broadcasting should facilitate all members of society, particularly indigenous and other marginal communities. 
  
• Public service content: Broadcasters are required to provide free public service broadcasts during prime time, with up to 60 minutes of free public service broadcast content per day being mandatory. 
  
• Responsiveness to audience needs: Broadcasting should be responsive to audience needs regarding coverage of national and international events. 

Original vs. acquired content

While specific regulations on the ratio of original versus acquired content are not explicitly detailed in the provided snippets, the strong emphasis on local and national content implies a prioritization of local production. 

Broadcasters are expected to produce content that reflects national values and needs, which inherently favors original content over purely acquired foreign content.

In Guyana, broadcasters have obligations to include national and local content, including local productions and music. The Guyana National Broadcasting Authority ("GNBA") oversees these requirements:

• Local productions: Broadcast licensees must dedicate a minimum of 10% of their total airtime to local productions. The programming should serve to educate, entertain, and promote national consciousness, as well as the cultural, social, and economic development of Guyana.
• Local music: At least 5% of all music played in any given week must be Guyanese music, including local ethnic talent.
  
• Public service announcements: Licensees are also required to provide up to 60 minutes of free airtime per day for public service broadcasts. This includes prime time slots, which are defined as between 6:00 a.m. and 10:00 a.m.

The GNBA's guidelines emphasize supporting local industries by encouraging broadcasters to showcase local and regional films and television products. While acquired foreign content is permitted, it should not be presented to the detriment of local cultural values.

Guyana National Broadcasting Authority ("GNBA") has specific requirements for different types of content, including news, fiction, and children's programming. These rules are designed to ensure accuracy, fairness, and the protection of vulnerable audiences.

News and current affairs programming

News broadcasts are subject to strict standards of impartiality, accuracy, and fairness, including:

• Due impartiality: During political, industrial, or public policy controversies, broadcasters must present a wide range of views and give due weight to opposing sides.
• Fact-checking: Information must be gathered from firsthand sources and cross-checked before being presented.
• Corrections: Mistakes must be acknowledged and corrected in a timely manner, with the correction given similar prominence as the original error.
• Separation from opinion: Personal views and opinions must be clearly identified as such and not presented as fact.
• Protection of sources: Care must be taken to protect the identity of anonymous sources if anonymity is requested.

Regulations for children's content focus on education, safety, and ethical considerations:

• Educational focus: There must be an emphasis on local programs that focus on the cultural and social development of children.
• Advertising restrictions: Advertisements for alcoholic drinks, tobacco, medicines, contraceptives, and adult-themed films are prohibited during or immediately adjacent to children's programs.
• Avoid fear and distress: Advertisements and other programming that may frighten or cause distress to children must not be broadcast during the designated watershed hours.
• Ethical content: Broadcasters should not promote stereotypes or denigrate any individual or group, and must protect children and vulnerable persons from exploitation. 

Fiction and drama programming

Fictional programming must adhere to standards of decency, public morality, and truthfulness. Fictional content, including reconstructions, should be clearly identified. Dramas with mature themes may require advisories and airing outside of prime time. The excessive portrayal of violence and gruesome images is prohibited, and depictions of substance use should be limited and used for educational purposes about harmful effects.

Other content requirements

Hate speech, racial incitement, or terror threats are strictly prohibited. Broadcasters must include up to 60 minutes of public service broadcasts daily during prime time. News and educational programs should primarily use Standard English, though Creole can be used for artistic effect if intelligible. Indigenous language broadcasts are encouraged.

GNBA national content quotas

• Mandatory local production: Broadcasters are required to dedicate a minimum of 10% of their total airtime to local productions. This programming is meant to serve as a means of education, promoting national consciousness, entertainment, and the social, cultural, and economic development of Guyana.
  
• Public service announcements: All licensees are mandated to provide up to 60 minutes of daily airtime for free public service broadcasts. This content must be aired during prime time.
  
• Local music: Broadcasters must allocate a minimum of 5% of all music played in any given week to Guyanese music, including local ethnic talent.

In Guyana, Pay TV operators are required to carry certain free-to-air channels and also have specific obligations regarding public service announcements. These rules are regulated by the Guyana National Broadcasting Authority ("GNBA").

Scope of the obligation

• Public service broadcast (PSB): Pay TV operators, along with all other broadcast licensees, are obligated to air public service broadcasts for free.
  
• Total airtime: This must be for a total of up to 60 minutes per day.
  
• Prime time: The broadcast of these announcements must occur during prime time, which the GNBA defines as the hours between 6:00 a.m. and 10:00 p.m.
  
• Type of content: This content may include national security warnings, emergency alerts, or national development announcements, as deemed appropriate by the government.
• "Must-carry" for national channels: Beyond public service announcements, Pay TV operators are generally expected to carry local and national free-to-air channels, as this is a standard industry expectation based on the need to serve the public interest. However, the exact list of mandatory channels is defined by the GNBA. The Guyana Learning Channel, operated by the Ministry of Education, is one example of a national free-to-air channel that is widely carried on Pay TV services.
• National identity and development content: The GNBA's broader guidelines on content for all broadcasters reinforce the "must-carry" principle by requiring that programming promote national identity, culture, and social development. This means Pay TV operators cannot simply favor foreign content, and carrying local channels is key to meeting these obligations.

In Guyana, there are specific requirements and regulations for both domestic and foreign advertising production, with content subject to oversight by the Guyana National Broadcasting Authority ("GNBA") and consumer protection laws. Foreign productions also face specific permits and visa requirements.

Regulations for all advertising production (domestic and foreign)

Regardless of origin, any advertisement broadcast in Guyana or directed at persons within Guyana is subject to local regulations, including:

• Substantiation and truthfulness: All claims made must be true, verifiable, and not deceptive or unfair.
  Clear distinction: Advertising must be clearly distinguishable from editorial content.
• Content restrictions: Advertisements for illegal products or services are prohibited. Strict regulations exist for specific products:
  
  • Tobacco: All tobacco advertising, promotion, and sponsorship are banned under the Tobacco Control Act.

In Guyana, there are prohibitions on advertising certain products and strict regulations regarding advertising to vulnerable audiences, particularly children. The Guyana National Broadcasting Authority ("GNBA") enforces these restrictions based on the Broadcasting Act and related legislation, such as the Tobacco Control Act. 

Prohibited products

• Tobacco and e-cigarettes: The Tobacco Control Act of 2017 imposes a comprehensive ban on all advertising, promotion, and sponsorship of tobacco products and electronic delivery systems across all media.
  
• Illegal products: Advertisements for any product or service that is illegal are forbidden.
  
• Products for gambling: The Betting Control and Licensing Board can place bans on advertising for gambling and gaming promotions, especially when it targets vulnerable audiences.
  
• Obscene materials: The importation of obscene materials is prohibited, which can affect advertising content.

There is no official registry specifically for advertisers. There are no direct reciprocity obligations specifically governing the content of foreign advertisements

In Guyana, audiovisual services are primarily subject to standard business taxes, as well as specific licensing fees and regulations related to broadcasting including:

• Business Registration and Income Tax: Production companies and advertising agencies, like other businesses, must register and pay corporate income tax. The tax rate depends on whether they are classified as commercial (40%) or non-commercial (25%) companies.
  
• Value Added Tax (VAT): Businesses providing audiovisual services, including production companies and advertising agencies, may be required to register for and charge VAT at the standard rate (currently 14%) if their annual turnover exceeds G$15 million.
  
• Licensing Fees: Broadcasting services, including radio and television, require licenses from the Guyana National Broadcasting Authority ("GNBA"). These licenses are subject to annual fees, which vary based on the type of service (e.g., commercial, non-commercial, community) and the geographic zone of operation (primary, secondary, or tertiary). 

In summary, while there aren't specific "special taxes" solely for audiovisual services beyond standard business taxation like VAT and corporate income tax, there are mandatory licensing fees for broadcasting operations based on the GNBA's fee structure.

While OTT platforms are not yet subject to a specific licensing regime in Guyana, they are regulated to some extent by existing laws. The most significant of these is the Data Protection Act. There are no current requirements for OTTs to register locally with the Guyana National Broadcasting Authority ("GNBA") or to appoint a legal representative, though this is expected to change in the future.

Extent of regulation

• Data Protection Act (DPA) 2023
  
  • The DPA 2023, while awaiting ministerial commencement, will regulate the handling of personal data by all businesses, including OTT platforms, whether they operate inside or outside Guyana. The law's provisions, similar to Europe's GDPR, impose obligations related to: 
    
    • Data processing: Lawful, fair, and transparent processing of personal data.
    • Data security: Secure storage and processing of user data.
    • User rights: Access, rectification, portability, and erasure of personal data.
    • Data Protection Officer ("DPO"): The appointment of a DPO may be required under certain circumstances.
    • Registration: Registration with the new Data Protection Office will be mandatory for data controllers and processors.

No, screen quotas for national or local content are not applied to OTT and on-demand services in Guyana. The country's existing content quotas, which mandate local production and music, are specifically for traditional broadcasters licensed by the Guyana National Broadcasting Authority ("GNBA").

Currently, Guyana does not have a specific tax regime exclusively for streaming platforms. However, streaming platforms generating revenue from Guyana or targeting Guyanese users are subject to the country's general tax laws and potentially new data protection regulations.

There is no regulatory framework governing artificial intelligence in Guyana.

Government-led initiatives have caused the use of AI in the health, education, public services and security sectors. Some of the initiatives are an AI data center and Digital Guyana.

There is no authority currently overseeing AI-related matters.

While Guyana does not yet have a dedicated AI law, the country is making significant strides in establishing a comprehensive legal and ethical framework for AI. Ongoing legislative developments, coupled with regional collaborations, indicate a proactive approach to integrating AI responsibly across various sectors.

There are no regulations or regulatory requirements for the provision of AI-based services. Moreover, there is no regulator or supervisor designated to supervise or regulate AI in Guyana. Thus, there has not been a risk assessment conducted to determine high-risk technology. 

There are no general regulators applicable to AI, at this time.

Guyana is currently in the infancy stage of developing a cybersecurity strategy and action plan. The country’s cybersecurity landscape includes efforts by government entities like the Guyana National Computer Incident Response Team and the National Data Management Authority, with support from various international and regional organisations, such as the Organisation of American States, to develop a National Cybersecurity Strategy.

The private sector has come on board to provide cybersecurity solutions like Digicel and Brava Solutions, and Texila American University.

At the moment, Guyana does not have a Cybersecurity plan or strategy in force, but there are ongoing talks about its development. However, there are government initiatives and policies in place within this developing arena. These initiatives are:  

1. Guyana National Computer Incident Response Team: provides technical assistance to public agencies for information security and cyber-related incidents.
2. National Data Management Authority: leads the effort in promoting public awareness and implementation of policies for cybersecurity.
3. OAS and the National Cybersecurity Strategy: collaborate with the NDMA to foster the development of a cybersecurity strategy focused on the protection of critical infrastructure and combating cybercrime.
4. Cybercrime Act: legislation creating offences and penalties for cybercrime.

There are minimum requirements for companies and or service providers.

There are no jurisdictional cases with respect to sanctions for infringement of cybersecurity; however, the legislation does criminalise and penalize cybercrime and related activities. The Act does not cover areas like AI regulations, digital trade and data protection.

The Guyana National Computer Incident Response Team has formulated policies with respect to incident reporting, and said police can access the Team’s active website.

Companies coordinate with the Guyana National Computer Incident Response Team for technical assistance during a cyberattack. The GNCIRT is a key point of contact for public agencies and provides technical assistance for information security and cybcer related incidents. Additionally, companies follow their internal incident response plan, which includes internal reporting and communication with external stakeholders, and report any incident to the police. 

The Cybercrime Act, passed in 201,8 contains substantive provisions referring to illegal access, illegal interception, data and system inference, misuse of devices, computer-related forgery, and computer-related fraud. Part 2 of the Act criminalises offences provided under Articles 2-11 of the Budapest Convention. The same Act addresses procedural measures of data preservation and search/seizure interception powers are set out under the Interception of Communication Act 2008.

The Mutual Assistance in Criminal Matters Act 2009 provides general powers for mutual assistance. However, there are no specific provisions enabling international cooperation with electronic or associated specialized powers. 

Guyana participates in international cooperation agreements and has global cybersecurity initiatives, including participation in UN processes, collaboration with the OAS-CICTE, and engagement with regional partners like the Caribbean Community. It has also signed trade agreements, such as the Economic Partnership Agreement with the EU. The country is in the process of developing a national cybercrime strategy and works with international organizations to share information and best practices in cybersecurity.