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Stabroek News

'No 'special protection' being sought'
published: Saturday | January 26, 2008


Richards

President of the Press Association of Jamaica (PAJ), Desmond Richards, on Thursday night dismissed claims that the local media were seeking 'special protection' through the reformation of Jamaica's defamation laws.

Richards was making his presentation at the Holy Cross Church Hall on Half-Way Tree Road, where a Justice Hugh Small-headed committee, set up to review Jamaica's libel and slander laws, was having its final open discussion meeting on the topic.

"If we are serious about good governance, if we are serious about the maintenance of democracy, then we will admit that the free flow of information is absolutely critical," he said. "Since the committee has started its work, I have heard from both some of my colleagues and from members of the public that the media is seeking special protection. The work of this committee is not about that."

Said Richards: "The media's push for reforming the Libel and Slander acts has nothing to do with special protection ... We are not seeking special protection, we are seeking to clear the way for free flow of information and governance. "

A disgrace

Richards also said it was a disgrace that, in Jamaica today, someone could be "thrown in jail" for the written or spoken word.

He noted that there was a consi-derable body of opinion suggesting that the actual malice standard, which came about as a result of a New York Times case, be adopted by local legislation. Not only that, but that it be made applicable to anyone who falls under the media's eye and not public officials solely.

While agreeing that criminal libel laws should be done away with, broadcast journalist Emily Crooks - who also addressed the gathering - said there was still room within the existing framework wherein investigative pieces could be done in the interest of the public. She said laziness on the part of (some) journalists prevented this. Hence, public officials often get away with much wrongdoing.

Much of the other concerns raised during the forum echoed those made at the earlier open meeting - hosted at the Northern Caribbean University campus in Mandeville.

Chief among those was the call for wider scale and greater public dialogue on the matter of the review.

Tread carefully

Veteran radio personality and popular talk show host, Barbara Gloudon, said such a matter of national significance, as reviewing the country's defamation laws should not be treated hastily.

"The matter is too important to be rushed, I don't know what is the reason for the haste ... It should be taken across the nation," she said. Gloudon said she was not implying the discussion process should be overly drawn out, but that it was one that requires "knowing what is the heart of the people" before drawing conclusions.

The committee, responsible for reviewing and making recommendations on how to improve the current defamation laws, was established by Prime Minister Bruce Golding.

In his inaugural address in September last year, the prime minister said the laws should be reviewed to ensure that they cannot be used as a firewall to protect wrongdoers. The 12-member committee is expected to make its recommendations by the end of February.

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