A constitutional challenge could determine whether criminal charges against social media personality Washington Bramble proceed to trial.

Bramble is charged under Section 4 of the Electronic Crimes Act in connection with Facebook videos allegedly posted on February 8 and 9, 2022, in which she is accused of making insulting remarks about former Chief Health Inspector Sharon Martin. The first video reportedly followed a visit by health inspectors to her home after a neighbour complained that excreta had been thrown onto their property.

The law criminalises the electronic transmission of offensive, insulting or threatening material and carries penalties of up to $500,000 in fines, seven years’ imprisonment, or both.

Appearing before Justice Ann Marie Smith on Friday, Bramble confirmed that she has filed a constitutional motion arguing the provision violates her right to freedom of expression and should be struck down. If the court agrees, the charge could be dismissed before the substantive matter is heard.

The constitutional motion is set for March 11. Prosecutors told the court that Bramble, who is representing herself, has not yet filed the required written submissions. She indicated she is preparing them.

The case was adjourned to April 14 for an update.