This is an op-ed published by the International Press Institute
Criminal libel law was born in Elizabethan England as a
means to silence unwelcome dissent. Today, while the press plays an essential role
in shaping public discourse worldwide, in many Caribbean
nations these same archaic laws live on.
Often there is no clear demarcation or standard for
determining the line between fair criticism and criminal offense. In the past
two years, Caribbean criminal defamation cases
have included a government official who charged a previous campaign opponent
with the crime, as well as a lawsuit which resulted from accusations made at a
town hall meeting.
These cases exemplify the elasticity of laws wielded by
those in positions of power, and underscore the capricious nature of their implementation.
The mere threat of prosecution often chills investigative journalism and free
speech. It also helps to sustain corruption, unnecessarily protects public
officials, and is used to deny the fundamental human right of freedom of
expression.
In short, criminal libel law is one of the most pernicious
media constraints in contemporary society. Implemented at the will of any “insulted”
public official, it frequently leaves no recourse for the defendant.
In response, the International Press Institute (IPI) has
been actively campaigning for the removal of criminal libel laws, along with numerous
civil society and media partners throughout the region. Banishing these unnecessary and arbitrary laws,
and utilising civil remedies as alternatives are the goals.
Substantial progress is being made, even as the United
Nations, the Organization for Security and Cooperation in Europe, the Organization
of American States, and the African Commission on Human and Peoples' Rights joined
together recently to name criminalisation of defamation as one of the ten
biggest threats to freedom of expression.
For example, via a series of IPI press freedom missions in Jamaica , the Dominican
Republic , Barbados
and Trinidad and Tobago
In June, IPI hosted a World Congress event in Trinidad , whose delegates collectively endorsed the
Declaration of Port of Spain. Calling for the immediate abolition of
"insult laws" and criminal defamation legislation throughout the
region, the Declaration also states that "the Caribbean
urgently needs a strong, free and independent media to act as a watchdog over
public institutions".
Governments often argue their need for strong measures as a defence
against scurrilous journalism, however free societies are founded on the open
exchange of opinions, popular or not. Certainly, while repercussions for
careless or slanderous speech are necessary, they should, if necessary, take place
in civil courtrooms, not jail cells, and as the result of regulations which
both allow for, and encourage, active dialogue within a safe public marketplace
of ideas.
We’ve evolved a great deal since the 16th century origin of these
antiquated criminal libel laws. However, in the 21st century, stifling public
discourse and institutionalised repression cannot stand in nations which adhere
to democratic principles. And so while many Caribbean countries have already publicly
repudiated criminal libel, we now call upon these same governments to join in
the progress of freedom of expression, to recognise their existing criminal
libel laws as detrimental, and to finally remove them from their books once and
for all.
