Correction/Clarification

The story on Page D8 of yesterday’s Gleaner, which was headlined, ‘Golding to discuss libel report at Cabinet meeting’, was republished in error. The story was first published in The Gleaner of March last year. We regret this error and any inconvenience the republication may have caused readers and the prime minister.

The prime minister received the report last week.

Justice Hugh Small was mandated by Golding to lead discussions and consultations on a review of the libel and slander laws to facilitate greater openness and transparency in governance, with a view to empowering the press to undertake more investigative journalism.

"I will recommend to Cabinet that they give serious consideration to those recommendations that have been made and to proceed to seek their implementation through such means," Golding told reporters last week.

The prime minister, who saw a preview of the report last week, met with the 12-member team that prepared it to discuss the finished product.

Community consultations

The Justice Hugh Small-led committee solicited the views of Jamaicans through community consultations, via email and other methods. The committee considered several aspects of the law, including responsible journalism; questions relating to damages offered to an injured party; the effect of an apology for a mistake; the role of new technology, such as wire service; the role of judge and jury, and the time frame in which persons claiming to be injured can file suits.

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.

Golding said people's reputation was an intrinsic part of their very being, and that they deserved to be provided with protection against any undue action on their reputation.

At the same time, he noted that a democratic society has to be informed, and in the absence of information there was much room for the abuse of people's rights.

Contentious issues

The prime minister commended the committee for its work, noting that the members faced contentious issues.

He said there were issues that were referred to the Government because they were difficult for the committee to agree on.

The prime minister said Cabinet would examine those issues.

Justice Small said the report gives the Government the opportunity to modernise the libel laws, adding that he was certain that it would not be shelved.