In any self-respecting country where the rule of law is upheld at all times regardless of who commits the offence, Member of Parliament (MP) Everald Warmington, notwithstanding his subsequent apology, should have been charged forthwith under Section 9C of the Towns and Communities Act which makes it illegal to use profane, indecent, or obscene language in public.

Interestingly, should he have been taken before the court and found guilty, he would likely pay a fine of up to $1,500 or receive a jail sentence of up to 30 days. This is in itself a sick joke when one contemplates such a paltry fine, as just about any citizen would be able to pay that chump change and avoid imprisonment, which, in essence, means that this law does not in any way act as a deterrent. Talk about the law being an ass!

However, from a symbolic standpoint, Warmington’s prosecution would help to send a signal to the wider society that no one is above the law. What is even more distressing in this case is that Warmington is one of the nation’s lawmakers; yes, he is a legislator with a hallowed seat in Jamaica’s House of Representatives. Dare we suggest that, as an act of penitence, he should use his role as a legislator to move, in that honourable House, that the fine be substantially increased, or he should take the bold and irreverent step and move that this particular law which deals with ‘bad words’ be expunged?

According to one online source, “There is ongoing discussion about whether the law should be repealed or modified, particularly as it relates to its application in entertainment venues and dancehall events. Some argue that the law disproportionately affects the dancehall community and that its enforcement is inconsistent.”

In this vein, this writer is wondering what is likely to unfold at this year’s staging of Reggae Sumfest in Montego Bay, which will feature a number of prominent dancehall and reggae artistes, some of whom are known to spew profanities at such events. Will they be prosecuted or removed from the stage by the police as has happened in the past, or this time round, taking a cue from “Warmy”, sanctimoniously apologise and get a slap on the wrist for being naughty? What a ‘preckeh’! Incidentally, in the earlier days of its predecessor, Reggae Sunsplash, both Yellowman and Lady Saw were almost run out of town by the then St James Parish Council for using profane language on stage.

However, as stated by the aforementioned source, “While the law exists, its enforcement is not always consistent. There have been instances where police have intervened during performances or public gatherings where profanity was used, while, at other times, similar situations have gone unaddressed.”

Additionally, it said, “The use of ‘bad words’ in Jamaica is deeply embedded in the culture, particularly in dancehall music and social interactions. This creates a tension between the law and cultural practices.” This is why ‘bad-word-cussing’ Warmington should take it upon his honourable self, while seeking redemption, to commence forthwith to encourage a national debate on this most controversial subject. Indeed, like Obeah, the issue of Jamaican ‘bad words’ and their usage has been a major bone of contention since time immemorial.

As a boy, I recall that if a child used a ‘bad word’ his mouth would be washed out with Jeyes. In my case, my late twin brother and I were once taken to the police station by our mother in a bid to have an officer dissuade us from using indecent language by threatening to lock us up. Ironically, in later life I was to learn that one of the places where profanity was most frequently used, and more so by the law enforcers, was at the said police station!

As for politics and profanity, there is hardly a politician who has not used ‘bad words’, albeit not necessarily on a public platform. However, Warmington’s faux pas has created a moral dilemma for the ruling Jamaica Labour Party (JLP) which its leader and the prime minister, Dr Andrew Holness, has sought to cauterise by issuing a directive to his party that such utterances ought not to be used in public gatherings.

Frankly, that is just lip service, which, in the overall scheme of things, smacks of hypocrisy. Indeed, what should bother Dr Holness is, given that Warmington has not been dealt with by the full force of the law, he may well have established a precedent whereby one can just ‘cuss two bad words’ in public then apologise and that’s the end of the matter! Tell this to our youngsters! What example, in the final analysis, is being set by our political leaders?

In law there is what is known as legal precedent, also known as judicial precedent or case law. As one legal luminary puts it, “This is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other judicial body when deciding subsequent cases with similar issues or facts. In essence, it’s a past court decision that serves as an example or authority for deciding similar cases in the future.”

In this vein, I will take on the role of Devil’s advocate to ask: Given that several elected politicians have argued that Parliament is the highest court in the land, does it follow, therefore, that Warmington, being a member of that court, having used profanity in public with impunity and then simply apologised, has set a precedent which precludes MPs from being prosecuted for this offence? The jury is out!

Lloyd B Smith has been involved full-time in Jamaican media for the past 49 years. He has also served as a Member of Parliament and Deputy Speaker of the House of Representatives. He hails from western Jamaica where he is popularly known as the Governor. Send comments to the Jamaica Observer or lbsmith4@gmail.com.

Section 9C of the Towns and Communities Act makes it illegal to use profane, indecent, or obscene language in public.

In the past, artistes who used profanity while performing have been prosecuted.

Lloyd B Smith