Thursday, November 22, 2012
By PACO NUNEZ
Tribune News Editor
AN international press freedom group has urged the Bahamas to end laws allowing journalists to be jailed for what they write or say.
The International Press Institute (IPI) told Prime Minister Perry Christie it is “appalling” that criminal defamation still exists in the Bahamas, and asked him to bring the nation’s media-related laws in line with international standards.
IPI executive director Alison Bethel McKenzie said: “Our position, which is supported by the Inter-American Commission on Human Rights and the UN Special Rapporteur for Freedom of Expression, is that criminal libel laws are antiquated and risk being misused to punish investigative journalism and chill critical opinion.
“Their existence promotes self-censorship on matters of public interest.”
In a letter to Mr Christie, Mrs KcKenzie said all defamation, slander, libel and insult allegations should be handled by civil, not criminal, courts.
“Mr Prime Minister, we hope you would agree that no journalist should face criminal charges for what he or she has written or broadcast unless that information incites violence, which in most countries is a criminal offence.
“We respectfully encourage your government to consider amending the Bahamian Penal Code to repeal criminal defamation,” she wrote.
Mrs McKenzie also said the IPI, which promotes responsible, ethical journalism and the development of media professionalism in the Caribbean, would like to visit the Bahamas to discuss press freedom with Mr Christie in person.
Under the Bahamas Penal Code, individuals convicted of intentional libel face up to two years in prison. Seditious libel or libel with a seditious intent, including insulting the Queen, carries a prison sentence of up to three years for repeat offenders.
Although the Bahamas government has not applied the provisions in recent years, IPI said it believes they pose a threat to free expression as long as they remain on the books.
IPI – a global network of publishers, editors, and leading journalists from more than 120 countries (including the publisher of The Tribune) – together with the Association of Caribbean MediaWorkers (ACM), is leading a campaign against defamation and insult laws across the region.
Currently, defamation is criminalised to some extent in all 16 independent countries considered to be culturally or geographically part of the Caribbean.
In July, the IPI conducted a two-week mission to Barbados, Jamaica, the Dominican Republic and Trinidad and Tobago as part of its campaign to abolish criminalised defamation.
The same month, Grenada removed most references to defamation from its penal code, but retained seditious libel and references to insulting the Queen.
Mrs McKenzie wrote: “We find it particularly appalling that an island nation as vibrant as the Bahamas, which so fiercely cherishes independence and maintains close ties to the United States and the United Nations, condones the jailing of journalists and disregards the people’s right to know.
“As your country has always been a leader on so many fronts throughout the Caribbean, we ask that it continue this leadership by removing criminal defamation and seditious libel from its books.
“We firmly believe that defamation reform will strengthen democracy in the Bahamas for generations to come.”
At its 2012 World Congress in Trinidad, IPI members approved the “Declaration of Port of Spain”, which calls for the abolition of criminal defamation and insult laws in the Caribbean, in support of a strong and independent media.
Comments
isabella says...
The government should take the steps to change the laws. The media should have freedom which they deserve to carry out their tasks. My uncle is a lawyer as well, he is an human rights lawyer. He deals with really complicated cases, there was a time when I used to assist him but now I have to manage my own firm. He now takes help of <a href="http://www.rocketdocketlegalsoftware.co…">Rocket Docket</a> to keep his work organized.
Posted 10 December 2013, 7:01 a.m. Suggest removal
karina says...
Such laws should be changed because these laws are limiting the freedom of the journalists. I am also associated with this field, I am now working at the firm of reputed lawyer Elizabeth A. <a href="http://socialsecuritydisabilityappeals.…">Patterson</a>, I personally feel that journalists should be given their due freedom.
Posted 11 December 2013, 5:37 a.m. Suggest removal
dana says...
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Posted 24 December 2013, 6:07 a.m. Suggest removal
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Posted 1 February 2014, 4:56 a.m. Suggest removal
karina says...
This issue is not going to be resolved so soon, the media is not allowed the freedom they deserve. However, the situation could only change if the government changes its attitude. As a law student I feel that the press should be given the freedom. After finishing my studies I hope to do an internship at reputed law firms like <a href="http://www.lawyersinyourcorner.com/">Nix</a> & Poet.
Posted 17 February 2014, 2:52 a.m. Suggest removal
leonardo85 says...
The IPI has made the right move by appealing to the government to change the press laws to allow the media to have more freedom. However, we all have some rights and we need to be aware of those rights so that we could defend them with the help of law. My neighbor filed a case of domestic violence against her husband few months back, thanks to the skill of her attorney Louis J. Goodman she won her case. Those who want to hire him for similar reason can contact him online at <a href="http://www.louisgoodman.com/">http://www.louisgoodman.com/</a>.
Posted 17 February 2014, 4:37 a.m. Suggest removal
dana says...
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Posted 18 February 2014, 5 a.m. Suggest removal
isabella says...
These particular group of laws basically make the work of investigative journalists complicated. The fear of law would always put an obstacle in their path, so it is time for them to achieve the freedom they desire. As a lawyer I feel that these laws need to change, I have been practicing law for a long time and right now I am working for The <a href="http://blalockandassociates.com/">Blalock</a> Law Firm. I have always believed that laws have been devised to help people and not for harassing them.
Posted 20 February 2014, 4:58 a.m. Suggest removal
karina says...
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Posted 24 February 2014, 5:43 a.m. Suggest removal
leonardo85 says...
Such laws should not exist any longer, in the presence of such repressive press laws no journalist would be able to carry out their jobs in an independent manner. The lawyers have to come forward and appeal to the government for repealing such laws. As a lawyer, I do not support such laws. After working for years with reputed lawyers like <a href="http://www.fwdebtrelief.com">Fred Wehrwein</a>, right now I am working as a legal adviser for a big media organization.
Posted 12 June 2014, 5:31 a.m. Suggest removal
zinos85 says...
The government in Bahamas has to take steps to remove the laws that put so much obstacles in the path of media. The journalists should be given all the freedom they require. However, a journalist should also be aware of the rights he has so that he could fight for justice. Sometimes financial concerns prevents us from taking legal action, but funding is available for plaintiffs, be it <a href="http://nlfunding.com/index.php/plaintif…">pre settlement funding</a> or something else one can find the financial support he needs.
Posted 19 June 2014, 5:03 a.m. Suggest removal
dana says...
In many countries the press enjoys the freedom it deserves to carry out its responsibilities. However, the government should never ever let law come in the way of press freedom. However, if a journalist ever gets harassed or gets injured while doing his work, he should immediately file a case against the offender. He should hire reputed personal injury attorneys or law firms like <a href="http://www.foranlaw.com">Foran & Foran</a> for handling such complications.
Posted 5 August 2014, 5:53 a.m. Suggest removal
isabella says...
They should have taken this step long time ago, in every country the media should be allowed to function without such restrictions. However, the lawyers also need to support it and they should also provide all the help needed to help the media achieve their freedom. Now the lawyers have become more tech savvy and they also have access to solutions like <a href="http://undisputedlegal.com/">NYC process server</a> which help them become more efficient.
Posted 18 September 2014, 4:46 a.m. Suggest removal
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Posted 17 October 2014, 6:40 a.m. Suggest removal
karina says...
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Posted 17 December 2014, 4:44 a.m. Suggest removal
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Posted 18 December 2014, 7:30 a.m. Suggest removal
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