As the world celebrates World Press Freedom Day this week, media managers are citing cumbersome libel laws as among the major challenges affecting how local journalists perform their duties.Desmond Richards, president of the Press Association of Jamaica (PAJ), told The Gleaner yesterday that current libel laws were discouraging.
"It is a disgrace that in Jamaica a journalist could go to jail for the written or spoken word, in light of the fact that onthe law books we still have criminal libel there." He added: "We are in 2007 and I think this is very disgraceful inspite of the fact that we have the Access to Information Act."
Agreeing with his colleague, Gary Allen, deputy managing director of the RJR Communications Group, said these laws have the potential to shut down media houses rather than penalise them for decisions taken.
"You could end up with huge damages being awarded that could actually lead to the stifling of press freedom rather than leading to people understanding that they have defamed somebody and that there is a penalty for that," he said.
Judge should make award
Mr. Allen has recommended that the law should move from a jury making the award to that of the judge making the award.
"Because a judge can consider factors probably in a more reasoned and informed way than a jury," he said.
Meanwhile, Mr. Richards said the current libel and defamation law should be reformed and has recommended that the reform should be similar to that of the United States model where public officials must prove malice before they can bring a case of libel in the courts.
"This should also apply to private individuals who are in the glare of public media," Richards said. "Entertainers, big businessmen who are not elected public officials but who are in the glare of public media ought not to be able to take a libel case to the courts unless they can prove malice."
World Press Freedom Day is celebrated each year on May 3. This year Caribbean journalists and representatives of media organisations and training institutions will observe the day at a conference in St. Lucia from May 2-3 which will examine challenges faced by the regional media in defence of freedom of expression.
Under the theme "Media Democracy, Media Laws and Access to Information: Challenges for Caribbean Journalists and Media Organisations", the conference will provide a forum for informed discussion on the relationship between media and democracy and the challenges faced by media in enhancing democratic governance in the region.