On March 29, 2005, the Observer published a letter titled “Naked flights to Jamaica” criticising the promotion by a travel website on behalf of Hedonism III, operated by SuperClubs. Its chairman, John Issa, sued the newspaper for defamation in the Supreme Court, in connection with which a ruling was recently handed down. Following are excerpts from the transcript of the trial in Justice Kay Beckford’s Court:

Lord Gifford (Issa’s lawyer): “…(In) paragraph 5, the defendants (Observer) refer to particulars of malice… and they say further that: ‘Malice cannot reasonably be inferred from the circumstances surrounding the publication of the said letter.

‘(ii) The letter in issue was sent to the second defendant, editor of the first defendant’s newspaper, by a member of the public concerning the matter of promotion of naked flights to Jamaica and the continued celebration of nude weddings at the adults-only Hedonism hotel, a member of the SuperClubs international hotel chain of which the claimant is chairman.

‘(iii) The letter had its basis on the fact of the announcement of the planned naked flight in June 2004 for persons destined to the claimant’s Hedonism III hotel in an article captioned “New-D Twist on Nude Weddings” on the website www.travellady.com dated February 2004 in which reference is made to the solemnisation of the sacrament of marriage in the nude scheduled to be held at Hedonism III on June 23, 2004.’

Lord Gifford: “So what the defendants say they are relying on is a website put out by an organisation called Travel Lady in February 2004. On page 95 — Well I should say they then set out the whole of the article in Travel Lady, and on page 95…”

Justice Beckford: “You are saying they put out the entire thing on page 95?”

Lord Gifford: “Yes. They started, I should say on page 94 little (iv), they say: ‘The relevant article on Travel Lady website stated as follows…’ and they refer to what I told Your Ladyship about the planning of a nude wedding at Hedonism in June 2004, and on page 95, line four the website is quoted as saying: ‘…for those who like to travel light, really, Castaway Travel is redefining the meaning of “flight suit” with round trip charter flights on “Naked Air” from Miami to Montego Bay, Jamaica. Once the flight reaches altitude, guests are permitted to disrobe en route to their clothing-optional holiday at Hedonism III”.’

Lord Gifford: “If I could be light hearted for a moment, why anyone should want to go on such a flight, I don’t know. I only commented why anyone should want to go on such a flight, I don’t know.

Lord Gifford: “There is a reference towards the bottom of the page to some words of Mrs Nakash, SuperClubs vice-president of marketing. She is quoted as saying: ‘Taste and tradition are vitally important to newly-weds, even risqué ones. By hosting our fourth annual Nude Wedding in the very traditional month of June, we’re accentuating the ritual of marriage without inhibiting those who want to add a dash of daring to their exchanging of vows.’

Lord Gifford: “That you will hear is a quotation from a press release which was put out by SuperClubs in 2004…Your Ladyship will remember me saying there was a plan for a nude wedding at Hedonism in June 2004 and this is the press release about it. At the top of the second page of the actual article…you see the press release is headed “FOR IMMEDIATE RELEASE”. It is headed “Hedonism III’s 4th Annual Nude Wedding in June”. And the top of the second page is the quotation from Zein Nakash, SuperClubs vice-president of marketing. It’s that quotation which is incorporated by Travel Lady in the…so that is clear. And you will note that the press release has nothing about naked flights.”

Lord Gifford: “M’Lady, can I go back to page 96 of the bundle of pleadings, I was reading from the defendant’s defence, page 96 paragraph 7.

‘The defendants deny paragraph 6 of the Second Amended Particulars of Claim and state that the publication of the letter did not and could not in any way injure the claimant in his credit, character, reputation in business or bring him into public scandal, odium and contempt either in Jamaica or internationally.’

“M’Lady, it appears then probably the first issue that is joined is whether the article was libellous. That’s what the defendants are saying, it was not. We are saying plainly it was.”

To be continued