The Office of Utilities Regulation ("OUR") regulates the telecommunications sector in Jamaica through the Telecommunications Act. 

The OUR’s Telecommunications Market Information Report October – December 2024 ( dated 7 August 2025) may be accessed here.

On October 28, 2025, Strong Category 5 Hurricane Melissa made landfall in Jamaica. The OUR site contains an interactive utilities map with Service restoration post-Hurricane Melissa, which can be accessed here.         

The two main players in the telecommunications market in Jamaica are:

• Digicel (Jamaica) Limited (trading as “Digicel”): provides mobile, fixed voice, landline, fixed broadband and Pay TV services
• Cable & Wireless Jamaica Limited (trading as “Flow”): provides mobile, fixed voice, landline, fixed broadband and Pay TV services

According to the most recent Telecommunications Market Information Report published by the Office of Utilities Regulation of Jamaica (“OUR”), for the period of October to December 2024, the penetration rates for the following services were approximately:

• Fixed voice (landline): 16.60%
• Mobile voice services: 122.22%
• Broadband and internet: 65.65% for mobile broadband and 16.60% for fixed broadband
• Pay TV: over 35% of TV households, especially with Digicel’s recent IPTV deployment, branded as Digicel+ TV

Additionally, 4G network availability is nearly universal in Jamaica, but 5G is still essentially unpublished in large-scale commercial deployment.

Jamaica’s ICT sector is rapidly progressing through the development of physical and technological infrastructure, to achieve a technology-enabled society and internationally competitive industry as part of Jamaica’s National Development Plan, Vision 2030.

Jamaica is actively exploring Low Earth Orbit ("LEO") satellite connectivity, such as Starlink, pursuing the deployment of 5G infrastructure through fiber-optic networks and has amended various legislative frameworks to support an ICT environment and improve digital security architecture (e.g., Amendments made to the Data Protection Act, Electronic Transactions Act and Cybercrimes Act). Artificial intelligence is also being leveraged for customer service, marketing and data analytics to improve efficiency. Jamaica is also well underway in achieving universal broadband access for all citizens through public WIFI expansion, and investments in ICT infrastructure such as the “Last Mile Initiative”, which focuses on bridging the connectivity gap to reach remote areas and public institutions like schools. 

However, some challenges faced include digital illiteracy, limited budgets and poor technological infrastructure that prevents or limits internet access. These challenges have been accelerated by the effects of Hurricane Melissa, which has destroyed substantial infrastructure in the western part of Jamaica.

The telecommunications sector in Jamaica is primarily governed by the Telecommunications Act, 2000 ("Telecommunications Act"), which appoints the Office of Utilities Regulation (“OUR”) as the regulator of the sector.

This Act outlines the functions of the OUR, sets out licensing requirements, universal service obligations and consumer protection standards for telecommunications service providers and carriers, as well as outlines regulations for spectrum management, interconnection and international services. The OUR processes licence applications, evaluates proposals, and provides recommendations on license issuance, refusal and renewal to the Minister of Science, Energy, Telecommunications, and Transport.

The Telecommunications Act also establishes the Spectrum Management Authority (“SMA”), which is the regulator of Jamaica’s radio frequency spectrum, and issues different types of spectrum licenses to permit use of the radio frequency spectrum.

Licences from the OUR and the SMA are required to provide these services.

A service provider licence issued pursuant to the Telecommunications Act is needed to authorize the provision of the above services to the public. Also, a carrier license issued pursuant to the Telecommunications Act will be required to own and operate any facilities needed to provide the services. 

A spectrum licence is necessary from the SMA to allow the use of Jamaica’s radio frequency spectrum. The type of spectrum license will depend on the service provided:

• A Domestic Mobile Licence/Fixed Wireless License is needed to provide internet access, data transmission and mobile telephony services in Jamaica. This combined licence type enables companies to deliver mobile and wireless broadband services within the country and permits exclusive rights to utilize a designated portion of the radio spectrum.
• A broadcasting license (issued pursuant to the Broadcasting and Radio Re-Diffusion Act and regulated by the Broadcasting Commission) is necessary to provide Pay TV services, to permit the provision of television services intended for reception by the general public.

Type approval certification from the SMA is required to certify that any radio equipment device being used meets the necessary technical, safety and regulatory requirements before being used or sold in Jamaica.

There are no foreign ownership restrictions on telecom operators, as Jamaica has a liberalized telecommunications sector.

Telecommunications service prices are regulated by the OUR, but the extent of regulation depends on the competitiveness of the service. Regulation primarily involves mandating transparent price-setting standards and implementing price controls on entities that enjoy market dominance, but does not generally involve the OUR setting any retail prices for services. 

Regulatory approval from the OUR is required prior to any licence transfers or corporate control changes. An application for approval of an assignment or transfer must be made in writing to the Minister of Science, Energy, Telecommunications and Transport (“Minister”). Approval is granted only if the Minister is satisfied that the assignee (as the new licensee) will:

• honour interconnection obligations, universal service obligations and any other obligations imposed by the Act or the licence, and
• adhere to licence limitations and network expansion requirements.
  Additionally, the assignee must not be disqualified from being granted a licence because of any legal impediment.

However, approval for an assignment or transfer does not apply to a pro forma transaction. The Telecommunications Act indicates that a pro forma transaction constitutes any of the following:

• an assignment from one or more individuals to a body corporate owned or controlled by the same individual(s) without any change in their relative interests,
• an assignment from a body corporate to shareholders without affecting any change in the disposition of their interests;
• a reorganization of a body corporate that involves no change in beneficial ownership; 
• an assignment or transfer from a body corporate to its wholly owned subsidiary or vice versa, or between wholly owned subsidiaries of the same holding company;
• an assignment from one body corporate to another body corporate owned or controlled by the assignor's shareholders without a substantial change in their relative interests.

Within forty-five days after the completion of the pro forma transaction, the licensee must submit to the OUR, proof of the completion of the transaction either in the form of an application that is appropriate for the class of licence to which it relates or such other written correspondence as the OUR may authorize, containing all the information included in the application, and certify that the transaction is a pro forma transaction.

The OUR will thereafter publish the notice of the assignment or transfer in the Gazette.

Yes, there are universal service obligations outlined in the Telecommunications Act, which are focused on providing access to telecommunications and ICT services for all citizens. The Minister designates existing telecommunications carriers as universal service providers. Universal service providers are required, to the extent of technical feasibility and economic reasonability, to:

• promote access to single-line telephone service to people throughout Jamaica, regardless of place of residence or work,
• ensure that payphone services are reasonably accessible to customers on an equitable basis,
• permit access to free calls to emergency services, and 
• insofar as necessary resources are available:
  • promote Internet access in educational institutions, public libraries and post offices throughout Jamaica,
  • pursue strategies to increase access to high-capacity networks and the dissemination of ICT services in unserved and underserved areas,
  • support ICT programmes that specifically target vulnerable groups,
  • provide access points and multifunction telecentres,
  • fund connectivity services and support the provision of infrastructure to educational institutions, public libraries and post offices; and 
  • provide Internet access devices and applications for the training of students in Internet use and ICT services.

Universal service providers must also pay a universal service levy, which goes into the Universal Service Fund. This fund was created to support ICT initiatives and the overall implementation of the universal service obligations. 

A telecommunications carrier, upon request, is expected to permit interconnection of its public network with the public network of any other telecommunications carrier for the provision of telecommunications services. Infrastructure sharing obligations are imposed to facilitate the non-discriminatory access to public networks, tangible infrastructure (e.g., lines, cables, towers, equipment and conduits) and intangibles (e.g., easements, agreements, leases, and franchises). Copies of any agreements between carriers must be submitted to the OUR.

Telecommunications carriers are categorized as dominant and non-dominant.

A dominant telecommunications carrier is one that holds a superior position in the telecommunications market in Jamaica. Every dominant telecommunications carrier must, and any other carrier may, submit a proposed reference interconnection offer to OUR, outlining the terms and conditions upon which other carriers can interconnect with its public network to provide telecommunications services. In relation to dominant telecommunications carriers, the offer must be submitted to the OUR within ninety days after the date of determination of market dominance and at least ninety days before the date of expiry of an existing reference interconnection offer.

Additionally, the Minister has indicated Jamaica’s strong support and active adoption of net-neutrality principles, to enable citizens to equally access all content and applications regardless of their source, without favouring or blocking particular websites.

The radio spectrum is allocated and managed by the SMA, which acts under delegated authority from the Minister. The SMA allocates the spectrum for facilities and specified services within Jamaica, determines methods for assignment of the spectrum, and issues spectrum licenses, authorizing the use of specified portions of the spectrum. SMA engages in band planning to methodically allocate portions of the frequency spectrum to various services operating on the spectrum, including mobile services.

The high-demand mobile frequencies for 4G LTE networks in Jamaica are primarily in the 700 MHz, 1700/2100 MHz (AWS), and 1900 MHz (PCS) bands, used by the main mobile network operators in Jamaica.

Auctions and public tenders have been utilized to award high-demand mobile frequencies. 
There is no secondary market for spectrum. Spectrum trading is prohibited in Jamaica.

National authorizations from the OUR and the SMA are required to install telecom infrastructure. The OUR, through authority from the Minister, gives approval by way of the issuing of a service provider licence (which permits the provision of the specified service for which the infrastructure is being installed), and the issuing of a carrier license (authorizing the ownership and use of the infrastructure facility). Additionally, the SMA must authorize the use of the infrastructure on Jamaica’s radio frequency spectrum through the issuance of a spectrum license. 

Municipal authorizations are required from the National Environmental and Planning Agency of Jamaica (“NEPA”), which will confirm that the physical infrastructure being installed complies with environmental regulations, and the Local Planning Authority, which requires publication of a site notice of the installation in a daily newspaper for public feedback. Authorizations are granted through the issuance of environmental permits from NEPA, and building and road permits from the Local Planning Authority.

Also, the Telecommunications Act and the Telecommunications (Infrastructure Sharing) Rules heavily promote infrastructure sharing to optimize the utilization of existing infrastructure, protect the natural environment by reducing the duplication of infrastructure being installed across Jamaica and facilitate the provision of equal access to infrastructure.  

Rules require licensees to, in good faith, process all requests for infrastructure sharing, conduct all negotiations in respect to an infrastructure sharing agreement, designate competent representatives with the requisite authority, and seek to resolve any disputes. Additionally, sharing must be provided on a non-discriminatory basis.

Mandatory sharing is required where:

1. The licensee is classified as a dominant public telecommunications carrier or
2. The infrastructure is funded, wholly or in part, by -
   • the Universal Service Fund; or
   • any other form of Government funding.

Also, the OUR may otherwise mandate a licensee to share and provide access to its infrastructure where the infrastructure is amenable to sharing, or where another licensee who wishes to share the infrastructure has been previously denied the authorization to construct or establish its own similar infrastructure. 

Passive telecom infrastructure is the physical elements of a network, such as lines, towers, masts and antennae that do not require electricity to function. Passive telecom infrastructure is regarded as ‘tangibles’ under the Telecommunications (Amendment) Act, 2012, and its sharing is regulated by the OUR. The same regulations and requirements mentioned in question 12 apply.

Yes, the landing and operation of submarine cables in Jamaica require authorization from the OUR. A carrier license must be obtained from the OUR, which authorizes the ownership and operation of the submarine cables in Jamaica.

Additionally, a beach licence and environmental permits must be obtained from NEPA. Where requested by NEPA, the applicant may need to carry out and submit an Environmental Impact Assessment (“EIA”) to determine the potential environmental effects of the laying of the submarine cables.

Jamaica predominantly facilitates the use of Low Earth Orbit ("LEO") constellation satellites (e.g., Starlink) and Geostationary ("GEO") constellation satellites (e.g., Intelsat). The provision of satellite services requires a Very Small Aperture Terminal ("VSAT") licence (otherwise called a Satellite Earth Station licence) from the SMA.

To apply for this license, the application, along with the entity’s Certificate of Incorporation or Certificate of Registration, as applicable, Letter of Good Standing and a letter from the Civil Aviation Authority, must be submitted to the SMA. The application processing fee of JMD$25,000 must be paid. Once the application is processed and the license is issued, the entity is obligated to pay the required relevant spectrum licensing fees based on the type of service.

Any radio frequency products or equipment being used in the provision of the satellite service will need type approval from the SMA, by way of a Type Approval Certificate. The entity must submit proof of identification (e.g., driver's licence, passport), proof of residence (e.g., utility bills) and proof of employment (e.g., job letter or last three pay slips) documentation to the SMA and pay the USD 350.00 processing fee to the SMA.

Yes, numerous authorizations are required. To operate a ground station, a VSAT licence must be obtained from the SMA. This license provides access to a satellite network to facilitate clear transmission and reception of data, voice, and video.

A Type Approval Certificate for the equipment from the SMA, certifying that the equipment used meets technical and safety standards, is necessary.

Authorization from the OUR by way of a carrier license to own and operate the ground station in Jamaica is also needed.

Finally, authorization from the Jamaica Civil Aviation Authority ("JCAA") is also required, and a letter from the JCAA is needed when applying for the VSAT license.

Yes, direct-to-device satellite communication is regulated by the SMA. Direct-to-device satellite communication allows for standard devices like mobile phones to connect to a LEO satellite without needing traditional ground-based cellular networks. Since satellite communication needs the use of the radio frequency spectrum, a spectrum license (specifically a VSAT/Satellite Earth Station licence) is required. The VSAT licence permits connection to a satellite network and grants the use of satellite communication technology.

Also, given that the direct-to-device satellite communication service would be offered to the public, a service provider licence from the OUR would also be required. Finally, if the entity owns and intends to operate any facilities (like a satellite earth station) in Jamaica, pursuant to the provision of the service, a carrier licence from the OUR would also be required. 

Yes, telecommunications and radio devices are subject to type approval, conducted by the SMA. Once the SMA is satisfied that the equipment device meets necessary technical, safety, and regulatory standards, it will issue a Type Approval Certificate. This certificate indicates that the devices meet the necessary requirements and can be used or sold in Jamaica.

Licenses for Subscriber Television Operators are granted either in zones or islandwide. According to the Broadcasting Commission of Jamaica, there are currently 38 licensees.

We do not currently have data as it relates to market share for Subscriber Television, OTT platforms and traditional broadcasting (radio and free-to-air TV). 

Currently, the following platforms are available for subscription in Jamaica: Netflix, Disney+, HBO Max, and Spotify. 

One of the main regulatory issues is that current legislation is outdated and does not deal with new technology such as OTT providers.

The Broadcasting and Radio Re-Diffusion Act, 1949 and the Television and Sound Broadcasting Regulations, 1996, are the main laws applicable to audiovisual communication services in Jamaica.

The Broadcasting Commission is established under the Broadcasting and Radio Re-Diffusion Act to monitor and regulate electronic media, broadcast radio and television in Jamaica.

The following licenses are required for commercial and/or non-commercial broadcasting:

• Commercial (sound broadcasting) island-wide license;
• Commercial (sound broadcasting) limited area license;
• Commercial television broadcasting island-wide license;
• Commercial television broadcasting limited area license;
• Public service: non-commercial island-wide license;
• Public service: non-commercial limited area license;
• Public service: commercial island-wide license;
• Public service: commercial limited area license;
• International relay service license.

Subscriber Television Service and Independent Programme Providers also require a license to establish, maintain or operate a subscriber television service, or operate as an independent programme provider.
Subscriber television service means the one-way transmission of video programming or other programming service to subscribers for a fee, and a subscriber interaction (if any) which is required for the selection of such programming or other programming service. A subscriber television programme provider means a subscriber television operator that provides, on a non-commercial basis, local programming on dedicated channels located on its own subscriber television service or is a licensee under the Broadcasting and Radio Re-Diffusion Act.

According to the Broadcasting and Radio Re-Diffusion Act, the broadcasting license shall be valid for such period as may be specified in the license. This is subject to the licensee not failing to comply with directions from the Commission. If they do, the Commission may recommend that the license be suspended for a period not exceeding 6 months, for first-time non-compliance, and on a second or subsequent occasion, the Commission may recommend to the Minister a suspension for such period as the Commission considers appropriate or cancelled.

A license granted in respect of subscriber television service and independent programme provider, an independent programme provider (subscription only) or a subscriber television programme provider shall be valid for a period of six (6) years or such longer period as the Minister determines on the advice of the Commission. This is subject to the limitation highlighted above for the broadcasting license.

An international relay service license shall, subject to the limitation above, be valid for a period of six (6) years, be non-transferable, and subject to cancellation at the direction of the Minister in the national interest.
The applicant will fill in the relevant application form (depending on the license being sought) and submit the requisite copies of the applications, as well as the supporting documentation, such as, but not limited to:

• Certificate of Incorporation
• Articles of Incorporation
• Form 23 from the Companies Office of Jamaica showing directors (or status letter issued by the Companies Office of Jamaica)
• Business plan
• Implementation plan
• Permits
• Technical information
• Financial statements
• License fee

If a person who is granted a license to provide subscriber television service does not provide that service within a period of six months from the grant of the license (or any other period that the Minister may allow), the license will lapse and shall be rendered void.

Applications to renew licenses should be made six (6) months before the expiration of the license.

Approval is required. Under the Broadcasting and Radio Re-Diffusion Act, a term of every license granted for subscriber television service, an independent programmer provider, an independent programmer provider (subscription only) or a subscriber television program provider that the licensee, on the change in nationality of or control by its members, notify the Minister in writing of the change.

Under the Television and Sound Broadcasting Regulations, every licensee shall notify the Broadcasting Commission in writing within 14 days of:

1. The transfer of ownership by him of his business or any part of the business, stating:
   • The date on which ownership or part thereof is transferred;
   • The name and address of the new or part owner;
2. Any change in the name or address of his business;
3. Any change of persons who are in control of the busines,s stating:
   • The names, nationality and addresses of such persons; and
   • The date on which such persons either ceased to be in control or assumed control.

Where there is to be a transfer of ownership or change of person in control of the business, the licensee shall, before the transfer or change is effected, first obtain the approval of the Commission for such transfer or change, as the case may be.

According to the Broadcasting Commission’s website, the company applying for a licence to operate a subscriber television service or to operate as an independent programme provider must be incorporated in Jamaica or any other CARICOM state and controlled by Jamaican or CARICOM nationals. ‘Control’ in relation to a company means the power of a person to secure by means of the holding of shares or the possession of voting power in or in relation to that company, or by any agreement or by virtue of any other powers conferred by the articles of incorporation or any other documents regulating the company, that the affairs of the company are conducted in accordance with the wishes of that person.

The composition of the major shareholding interest must be clearly stated in the application, including the nationality of the directors and principal shareholders must be provided along with their individual stake in the company.

No, there limits to the number of licenses that can be held. 

If a company’s business operations include operations that fall under the Broadcasting and Radio Re-Diffusion Act, then a license from the Broadcasting Commission will be required. Otherwise, they would not be required to obtain a license. In relation to production companies, if a production is to be recorded in Jamaica, then registration with the Jamaica Promotions Corporation is required. There is no general requirement to register advertising agencies. 

Under the Television and Sound Broadcasting Regulations, the operators of Subscriber Television Services must, among the ten minimum channels, provide at least:

1. Two channels for the viewing of any national broadcasting television station; and
2. One channel for public service and educational programmes.

Under the Television and Sound Broadcasting Regulations, the operators of Subscriber Television Services must, among the ten minimum channels, provide at least:

1. Two channels for the viewing of any national broadcasting television station; and
2. One channel for public service and educational programmes.

An independent program provider is required to transmit at least fourteen hours of new, unrepeated local content per week on a subscriber television channel.  

Under the Television and Sound Broadcasting Regulations, the operators of Subscriber Television Services must, among the ten minimum channels, provide at least:

1. Two channels for the viewing of any national broadcasting television station; and
2. One channel for public service and educational programmes.

In relation to domestic broadcasters, under the Television and Sound Broadcasting Regulations (made pursuant to the Broadcasting and Radio Re-Diffusion Act), a licensee who engages in commercial broadcasting shall ensure that:

• Advertisements are broadcast only in the naturally occurring breaks in a programme and in the interval between the end of one programme and the beginning of another and in the case of television, there shall be no more than four advertising breaks per hour. 
• The advertising content of any programme shall be:
  
  • One and a half minutes for programmes lasting five minutes
  • Two minutes for programmes lasting ten minutes
  • Three minutes for programmes lasting fifteen minutes
  • Five minutes for programmes lasting thirty-five minutes
  • Advertisements in any period of sixty consecutive minutes shall last no longer than twelve minutes, except where the licensee broadcasts a programme as a public service or where there is a national broadcast which interrupts any scheduled program, resulting in the loss of advertising time
• Not more than two advertising magazines of a maximum of five minutes each are broadcast in any broadcasting day, and only one such magazine is broadcast between the hours of 7 p.m. and 11 p.m. 
  
  Additionally, under the Television and Sound Broadcasting Regulations, a licensee who operates a subscriber television service shall not carry any local advertising other than advertisements transmitted on channels carrying national broadcasts.

Under the Television and Sound Broadcasting Regulations, any licensee who engages in commercial broadcasting shall ensure that any advertising of beer, spirits, cordials, liqueurs, wines and other alcoholic beverages which is broadcast from his broadcasting station shall not be suggestive of the purchase or consumption of those goods or contain a pictorial representation of the consumption thereof. Any advertisement in respect of any drug, medicament or similar item must comply with the Food and Drugs Act.

There is to be no advertisement of any tobacco product from a broadcasting station. 

There are no requirements for a registry for advertisers or reciprocity obligations. 

General Consumption Tax (“GCT”), a value-added tax, is generally charged on the supply of services within Jamaica, except those exempted or zero-rated under the General Consumption Tax Act. Currently, GCT on services such as Subscriber Television Service is charged at 15%.

Currently, there is no comprehensive legal framework specifically governing OTT platforms. As such, there are no screen quotas applied to OTT and on-demand services.

Under the Companies Act of Jamaica, a company incorporated outside of Jamaica, which establishes a place of business in Jamaica, must register as an overseas company under the Companies Act of Jamaica. Under the Companies Act of Jamaica, a “place of business” includes a share transfer or a share registration office. Further guidance for “place of business” is ascertained from case law. A “place of business” generally refers to a location where a company conducts its business with a degree of permanence and recognisability as a business location. Where a company incorporated outside of Jamaica registers as an overseas company under the Companies Act of Jamaica, an agent for service must be appointed.

In relation to tax obligations for streaming services, a company is liable to pay income tax in Jamaica if it has a “permanent establishment”.  A “permanent establishment” means a fixed place of business through which the business of a business organization is wholly or partly carried on, and includes:

• a place of management;
• a branch;
• an office;
• a factory;
• a workshop; and
• a mine, an oil or gas well, a quarry or any other place of extraction of natural resources,
  but does not include-
• a building site or construction or installation project that does not last for more than three months;
• the use of facilities solely for the purpose of storage, display or delivery of goods or merchandise belonging to the business organization;
• the maintenance of a stock of goods or merchandise belonging to the business organization solely for the purpose of storage, display or delivery;
• the maintenance of a stock of goods or merchandise belonging to the business organization solely for the purpose of processing by another business organization;
• the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise or of collecting information, for the business organization;
• the maintenance of a fixed place of business solely for the purpose of carrying on, for the business organization, any other activity of preparatory or auxiliary character;
• the maintenance of a fixed place of business solely for any combination of activities mentioned in paragraphs (h) to (l), if the overall activity of the fixed place of business resulting from that combination is of a preparatory or auxiliary character.

Where a person, other than an agent of an independent status, is acting on behalf of a business organization and has, and habitually exercises, in Jamaica an authority to conclude contracts in the name of the business organization, that business organization shall be deemed to have a permanent establishment in Jamaica in respect of any activities which that person undertakes for the business organization, unless the activities of that person are limited to those mentioned in paragraphs (h) to (m) above which, if exercised through a fixed place of business, would not make the fixed place of business a permanent establishment under the provisions of those paragraphs.

A business organization shall not be deemed to have a permanent establishment in Jamaica merely because it carries on business in Jamaica through a broker, general commission agent or any other agent of an independent status, if any such broker or agent is acting in the ordinary course of the business of that broker or agent.

The fact that a business organization that is resident in Jamaica controls or is controlled by a business organization that is resident outside Jamaica or carries on business outside Jamaica (whether through a permanent establishment or otherwise), shall not of itself constitute either business organization as a permanent establishment of the other.

Additionally, General Consumption Tax (“GCT”), a value-added tax, is generally charged on the supply of services within Jamaica, except those exempted or zero-rated under the General Consumption Tax Act. Currently, GCT on services such as Subscriber Television Service is charged at 15%. The supplier of the service generally withholds the tax and remits it to the government.

“Imported services” under the General Consumption Tax Act means a supply of services that is a taxable supply if performed in Jamaica by a registered taxpayer to a person who is resident in Jamaica, or by a person who is not a resident in Jamaica. A registered taxpayer, in this instance, is a person registered under the General Consumption Tax Act. The applicable GCT would be remitted by the service importer who is the recipient of the services. The GCT on imported services will not apply if, the service importer, in the twelve months prior to the date that the imported services are received, makes supplies that have an aggregate value of less than Three Million Jamaican Dollars (approximately U$18,750 using an exchange rate of J$160 to US$1) excluding the value of any imported services received by the service importer during that twelve month period, or a service importer who is an individual and received the imported services for private use.

Jamaica has no main regulatory framework regarding AI usage and no authority dedicated to overseeing AI-related matters.  

Jamaica has endorsed UNESCO’s AI Ethics Recommendation (2022) and has established a National AI Task Force, which has been given the mandate to “lay the evidence-based foundation for a comprehensive National AI Policy”.  

With respect to specific industries and circumstances:

• Regarding the healthcare sector, Jamaica has established an AI-Tech (Artificial Intelligence Technology Enhanced Care for Health) Council of Experts on Healthcare Delivery. This Council is tasked with conducting research on the integration of AI technology into the healthcare sector for policy considerations.
• Regarding court proceedings use of AI by persons involved in court proceedings has been regulated by Practice Direction No.1 of 2025 – Use of Generative Artificial Intelligence in Court Proceedings. This Practice Direction outlines the circumstances under which AI usage is permitted, the disclosure requirements and obligations of a party using AI, the prohibited uses of AI, and the consequences of non-compliant AI usage.

Jamaica has no main regulatory framework regarding AI usage; however, the Data Protection Act (2020) ("DPA") governs the processing of Personal Data generally and including by automatic means. The DPA imposes various obligations on a Data Controller caught by the DPA in the processing of Personal Data, including the eight data protection standards, which include obligations of transparency and compliance with the Rights of the Data Subject . 

The rights of the Data Subject include:

• The right to be informed of the logic behind any automated decision-making involving the processing of their personal data and the right to have the decision reviewed. Additionally, where a Data Controller makes a decision solely based on automated data processing, it is required to include the same in its registration with the Office of the Information Commissioner.  
• Right to access, which provides Data Subjects the right to access Personal Data that is being processed by a Data Controller, including the purpose for processing, and the method of processing. 
  Jamaica has not officially classified any AI technologies as high-risk, nor have certain uses of AI in court proceedings been prohibited under Practice Direction No.1 of 2025 – Use of Generative Artificial Intelligence in Court Proceedings. These prohibited uses include generating documents purporting to be original documents, creating or modifying material intended to be tendered into evidence without the court's supervision, and generating expert evidence or any report purporting to be from an independent person.

Under UNESCO’s AI Ethics Recommendation (2022), it was recommended that Member States (such as Jamaica) should adopt a regulatory framework that permits public authorities to conduct ethical impact assessments on AI systems with appropriate oversight mechanisms like auditability, traceability and explainability. Under the National Artificial Intelligence Policy Recommendations (2024), the best practices promoted included ensuring that organizations using AI technologies are transparent about the processes underlying their AI systems, clearly label all AI-generated content and inform users of all potential risks and limitations of the AI systems.

Jamaica has no specific legislation dedicated to AI; however, where an entity utilizes AI in the processing of personal data, the DPA would apply.  

Legal Framework: In Jamaica, the main legislation regarding cybersecurity and data protection is the Cybercrimes Act (2015) and the DPA, respectively.
  
Strategy/Action Plan: Jamaica established the National Cybersecurity Strategy (2015) with the goal of developing Jamaica’s cybersecurity protection, infrastructure, technical measures, human resources and capacity building, legal and regulatory framework, and public education and awareness.  In furtherance of this National Strategy, the Inter-American Development Bank has approved the Strengthening Cybersecurity in Jamaica Project, which aims to strengthen the cybersecurity defences. Jamaica is also guided by the CARICOM Cybersecurity and Cybercrime Action Plan (2025).   

The Jamaica Cyber Incident Response Team ("JCRIT") established a National Security Operations Centre, which acts as Jamaica’s cybersecurity hub, and a five-year project with the mandate of strengthening the cybersecurity capacity of the country, which includes the implementation of a National Cyber Authority.  

Under the DPA all Data Controllers must process Personal Data in accordance with the data protection standards, which includes the implementation of appropriate technical and organizational measures:

• against unauthorized or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data; and 
• to ensure that the Commissioner is notified, without any undue delay, of any breach of the data controller’s security measures which affect or may affect any personal data.

The DPA further outlines that the technical and organizational measures referred to include:

1. pseudonymization and encryption of personal data;
2. the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;
3. the ability to restore the availability of, and access to, personal data in a timely manner in the event of a physical or technical incident;
4. a process for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing; and 
5. measures to ensure adherence to the technical and organizational requirements specified in the other provisions of the Act.

With respect to the Securities, Pensions, Insurance and Trust & Corporate Service Providers, the relevant regulator, the Financial Services Commission ("FSC"), has recently issued Guidance with respect to the Management of Cyber Risks ("Guidance"). The Guidance includes recommended policies, procedures and cybersecurity tools for those operating under the Insurance Act, the Pensions Act, and the Securities Act.

The Office of the Information Commissioner has highlighted that there have been cases in Jamaica where entities have suffered from security breaches and failed to inform the Information Commissioner within the prescribed 72-hour time frame outlined in the DPA.  We are, however, not aware of any sanctions or fines issued by the Office of the Information Commissioner at this time.  

With respect to the Cybercrimes Act, we are not aware of any cases where a public or private body has been charged with an offence under the Act. Section 14 of the Cybercrimes Act does, however, provide for where an offense is committed by a body corporate and indicates that if a company or other body corporate commits an offense under the Cybercrimes Act, it is liable to the prescribed fine. Additionally, any director, manager, secretary, or officer who consented to, connived in, or neglected to prevent the offence is personally liable and may be prosecuted and punished as an individual offender. 

Under the DPA, in the event of a breach of the data protection standards or a data breach, the Data Controller must make a report to the Information Commissioner within 72 hours after becoming aware of the breach, as the case may be.

The report to the Information Commissioner is required to contain the following:

• The facts surrounding the security breach, a description of the nature of the security breach;
• a description of the nature of the security breach, including the categories, number of data subjects concerned and the type and number of personal data concerned;
• the measures taken or proposed to be taken to mitigate or address the possible adverse effects of the breach;
• the consequences of the breach; and
• the name, address and other relevant contact information of its data protection officer.

Furthermore, the Data Controller must notify each Data Subject, whose personal data is affected by the breach, within 72 hours of becoming aware of the breach, as the case may be and include the following information in such notice:

1. the nature of the security breach;
2. the measures taken or proposed to be taken to mitigate or address the possible adverse effects of the breach; and 
3. the name, address and other relevant contact information of its data protection officer.

Companies coordinate with Information Commissioner and the Office of the Information Commissioner by way of the reporting to and investigation by the authorities in the event of a cyberattack.

The Cybercrimes Act contains specific provisions for the criminalization of various cyber-related offences, including computer-related fraud or forgery, use of a computer for malicious communication, and unlawfully making available devices or data for the commission of an offense.

Yes.

1. Jamaica is a signatory to the United Nations Convention against Cybercrime, which contains provisions for the establishment of a 24/7 cooperation network among signatory states and the sharing of electronic evidence across borders.  
2. Jamaica is a signatory to the CARIFORUM EU Economic Partnership Agreement ("EPA"). Under that EPA (Articles 119, 197-198), the CARIFORUM States commit to establishing appropriate legal and regulatory regimes for data protection to facilitate cross-border flows of personal data.
   
   Furthermore, Jamaica participated in the inaugural Commonwealth Caribbean Cyber Fellowship and is guided by the Cyber Resilience Strategy 2030 Project, which aims to enhance cybersecurity capacity and resilience among CARICOM states, of which Jamaica is a part.