Jamaica Gleaner
Published: Friday | June 12, 2009
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Agreement reached on time limit for defamation claims
THE COMMITTEE examining a report on the review of Jamaica's defamation laws has proposed a two-year limitation period for the filing of claims for defamation.

Under the current defamation laws in Jamaica, a person has up to six years to file a lawsuit for damages if the individual feels he has been defamed.

A decision was arrived at during yesterday's meeting of the committee at Gordon House.

The committee appointed by Prime Minister Bruce Golding to review the defamation laws had recommended that the six-year period for filing claims should be reduced.

It had argued that persons who brought defamation actions to vindicate their reputations should be encouraged to do so at the earliest opportunity.

Meanwhile, the committee's technical team comprising legal counsel from the Ministry of Justice had been asked to examine whether the provision governing an offer of amends in the Jamaican defamation laws should be revised in accordance with the defamation act of Barbados.

Under the legislation, a publisher can make an offer of amends by publishing an apology or correction.

No compensation

Terry-Ann Mills, acting director of legal services in the Ministry of Justice, told the committee that under the Jamaican defamation laws, the offer of amends did not require compensation to be paid to the aggrieved party. However, she said in the case of the Barbados law, compensation was a feature of the offer of amends.

Committee member Clive Mullings suggested that the provision in the Barbados defamation law be accepted. "The Barbadian situation commends itself," he added.

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