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Stabroek News

Libel reform group ends consultations
published: Thursday | February 28, 2008


Justice Hugh Small, chairman of the Libel Review Committee. - file

THE 12-member committee set up to review the country's libel and slander laws was scheduled to meet for the final time yesterday, before completing its report to be forwarded to Prime Minister Bruce Golding.

The contents of the Justice Hugh Small-led committee's report is anticipated by media practitioners.

Journalists and media owners turned out in their numbers for a Press Association of Jamaica (PAJ) forum held Tuesday at the Jamaica Pegasus hotel, New Kingston.

"We were particularly pleased that journalists came out to this forum because of the subject matter which is the reforming of the laws to give journalists greater power to expose corruption," said Byron Buckley, PAJ secretary. "We hope our deliberations will impact the final report of the libel reform committee."

Small was mandated by Prime Minister Golding to lead discussions and consultations on a review of the libel and slander laws. The report must reach the prime minister by month end.

Addressing journalists and media heads at Tuesday's forum, Small lauded the PAJ for lobbying for the reform. He added, however, that it was not just the defamation and libel laws that needed to be revisited.

"There are several other aspects of our legal culture that need addressing to bring us up to the 21st century," Small said. "It is not a question of whether we like it or we don't; we can continue making all the excuses on the side of economics, but the world has left us behind and we are not going to catch up unless, in all aspects of our lives, we bring our standards up to the level of the world."

Aspects of the law

The Small Committee solicited the views of Jamaicans through community consultations, via e-mail and other methods. The committee considered several aspects of the law; including responsible journalism; questions relating to damages offered to an injured party; the effect of an apology for a mistake; the role of new technology such as wire service; the role of judge and jury and the time frame in which persons claiming to be injured can file suits.

The current libel and slander acts have been on the books since the Morant Bay Rebellion of 1865.

Media interests have argued that many elements of the current legislation are a hindrance to investigative journalism. There has also been discontent over the fact that libel is considered criminal and that sums awarded for damages are often of a magnitude that could force media houses to close their doors.

'Get it right'

Meanwhile, PAJ president Desmond Richards charged journalists to "get it right" at all times.

"We must take more responsibility," Richards told his colleagues during the forum.

He added that it was the responsibility of journalists to be fair and accurate in their reports.

During the forum Lester Spaulding, chairman of RJR Communications Group, said media have begun to develop a unified code of ethics which would be the blue print for journalistic practice throughout the island.

The Gleaner has already published its own code of ethics, which is the guideline to fair and accurate reporting in all Gleaner products.

Editor of the Western Mirror newspaper, Lloyd B. Smith, also spoke.

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