Daraine Luton, Staff Reporter

SMALL

THE ABOLITION of criminal libel has been included in a list of recommendations for modernising the country's defamation laws.

The report of the Justice Hugh Small Committee which contains the recommendations was laid in the House of Representatives yesterday.

Justice Small's 12-member team was commissioned by Prime Minister Bruce Golding to review the country's libel and defamation laws.

Remove protection for wrongdoers

Golding said the review was necessary within a framework of good governance and transparency. He said a review of the libel and slander laws would remove the wall of protection for wrongdoers.

In its justification for the abolition of criminal libel, the Small Committee said: "This offence originated in mediaeval times when defamation law was used to restrict freedom of expression and long before our contemporary commitment to the protection of human rights developed."

The Small Committee also recommended that a jury no longer determine damages. The committee said the jury should determine guilt, but damages would be determined by the judge.

New limitation period

The committee also proposed that the period in which a libel action might be brought be reduced to one year. The limitation period is currently six years.

"The committee thinks that, in Jamaica, there should be a reduction of the six-year limitation period since persons who bring defamation actions from a genuine wish to vindicate their reputations should be encouraged to do so at the earliest possible opportunity," the report read.

"The committee also feels that the shortening of the period is supportive of freedom of expression and legitimate debate."

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

Media interests have long 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.

Before furnishing Prime Minister Golding with its report, the Small Committee held public consultations and accepted recommendations from stakeholders as well as conducted reviews of reforms in other jurisdictions.

The report will now either be debated in the House or sent to a committee of Parliament for further examination.

daraine.luton@gleanerjm.com