MAJ calls for action on libel laws reform

CHAIRMAN of the Media Association of Jamaica (MAJ) Gary Allen is urging the Government to carry through on a pledge to complete deliberations on the libel laws when Parliament resumes in September.

Prime Minister Bruce Golding, shortly after winning the September 2007 general election, appointed a 12-member committee led by Justice Hugh Small to review the slander and libel laws. That report, which contained some 13 recommendations, was completed and presented in March of 2008. But since then the Joint Select Committee of Parliament has been unable to reach consensus on several of the proposals contained in that report.

"That we are in 2010 and the Joint Select Committee of Parliament is stuck at a point in its deliberations (on reforming the libel laws) is of concern to us," Allen said yesterday at the opening of a MAJ breakfast seminar at the Terra Nova All-Suite Hotel in St Andrew.

However, he said the association took some comfort in the assurance given by Golding some two weeks ago, which indicated that the proposed changes will, in fact, be taken to Parliament shortly.

"This schedule appears to be very early in that session

of Parliament, and though ambitious, we want to encourage the prime minister and the government to ensure that they stick to the commitment they have given for the reform measures to be deliberated and carried through," the MAJ chair said. "It is still of concern to us that we can go to prison in Jamaica for the spoken word. And it is still of concern to us that in Jamaica you can have awards for defamation (by the Court) that could actually ruin a company."

"There is quite a bit for us to deliberate on and quite a bit for the lawmakers to deliberate on and of course the Media Association is encouraging continuation of the debate so we can actually get to the point where we can reform the laws," he added.

Meanwhile, keynote speaker Trinidad and Tobago's Kathy Ann Waterman said defamation law reform discussions in her country were also stalemated.

Waterman, who is also senior state counsel in the twin island's Office of the Director of Public Prosecutions, threw her support behind several of the proposals so far put to Parliament, including the proposal that the six-year limitation period for defamation actions be reduced to two years.

"I think two years is sufficient time in which persons can make up their minds to decide whether they are offended, to get legal advice or exhaust other avenues of redress.

Journalists should not have constantly have to operate with threats of suits hanging over their heads. If you are going to sue, sue. Let us know," she said.

She urged interest groups to continue to examine libel laws in other jurisdictions, noting that media managers should invest in training for journalists which she believes would make it less necessary to hire in-house lawyers.

"Probably, in the region as a whole, a lot more could be done to support journalists," Waterman said.

In the meantime, she urged flexibility in settling libel and defamation issues instead of being stubbornly loyal to any one approach.

"While we might be looking longingly over the fence at the American Libel landscape, the Americans are also looking our way. Flexibility, I believe, is the key. That is the appeal of the case-by-case approach advocated by Reynolds. The Reynolds defence was never intended as a general shield to protect a free press. I'm not convinced that abandoning Reynolds for Sullivan is going to make us necessarily happier," she said.

The MAJ has been lobbying for, among other things, the introduction of the "wire services defence". This, it said, is to protect local media houses who republish international news items from reputable news organisations that turn out to be defamatory.

The MAJ is also seeking, at a minimum, to remove the determination of the quantum of damages in defamation matters from the jury as well as the implementation of a cap on damages.