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Stabroek News

Review body completes first public libel forum
published: Thursday | January 17, 2008


Attorney-at-law Owen Crosbie (left) converses with Press Association of Jamaica president Desmond Richards during a public forum held at the Northern Caribbean University in Mandeville, Manchester, on Tuesday. The forum was the first of two scheduled by the Prime Minister Bruce Golding-established committee reviewing local libel and slander legislation. - Contributed

The Justice Hugh Small-chaired committee, set up to review and make recommendations to reform Jamaica's libel and slander laws, took the discussion to the public on Tuesday evening.

Participants at a forum held at Northern Caribbean University (NCU) in Manchester cited the need for change. However, one central Jamaica attorney-at-law, Owen Crosbie, advocated the need for more public dialogue before the laws are revised.

The Mandeville-based lawyer argued that the time for the consultations was too short, calling it "ill-conceived, improper and unacceptable".

"The law of libel and slander is so complex, it is not a simple matter," declared Mr. Crosbie.

However, David Batts, committee member and moderator of Tuesday's forum, said the public meetings were just the start of a process. "I don't think (Mr. Crosbie's) criticism is quite fair, but we take the point," Mr. Batts said.

Submissions to be made

He added that, in addition to the public forum, the libel review committee would be accepting submissions from the public and that it was not a matter that would be concluded in a month.

Justice Small's committee has been mandated to consult with Jamaicans about the review of the libel and slander laws before taking recommendations to Prime Minister Golding by the end of February.

The call for reformation of existing laws came from several local interests who have said they limit the media in the execution of its duty of informing and educating the public. The existing laws governing defamation are decades old, with the Libel and Slander Act gazetted in 1851 and the Defamation Act in 1963.

NCU lecturer, Everett Wiles, and central Jamaica journalist, Glendon Baker, argued that the existing laws stifle free press.

"There are some people who are getting away with blue murder" because they can hide behind existing laws, Mr. Baker said.

Full public debate needed

Other participants said the existing legislation inhibits free speech, which is generally regarded as the essence of democracy. But, while Mr. Crosbie agreed, he maintained that a full public debate is needed on the issue.

"Don't sacrifice principle for expedience," Mr. Crosbie said.

Meanwhile, some participants at the well-attended public forum raised questions about the monetary value of a person's reputation if defamed. They also questioned how the amended law would deal with material from the Internet and wire services.

The committee, which has been examining amendments to the libel and slander laws in other jurisdictions, noted the concerns and suggestions raised in Mandeville.

The next public forum is scheduled for Wednesday, January 30, at Stephanie Hall, Holy Childhood High School, St. Andrew.

The deadline for submissions is January 31.

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