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| In photo: Alison Bethel Mc Kenzie, Executive Director of the International Press Institute, Kiran Maharaj, President of the Trinidad & Tobago Publishers and Broadcasters Association, Prime Minister Kamla Persad-Bissessar and Wesley Gibbings, President of the Association of Caribbean Media Workers |
She told reporters she will take a note on the matter to cabinet on Thursday.
"I am pleased to announce that I will be taking a Note to Cabinet from the Office of the Prime Minister to Cabinet tomorrow to amend the Libel and Defamation Act," she said at a media briefing attended by Alison Bethel McKenzie, Executive Director of the International Press Institute (IPI).
"We will insert a new provision so that no journalist can be criminally charged and prosecuted under section 9 of the Libel and Defamation Act for the malicious publication of any defamatory libel.
"This would allow members of the media fraternity to engage in responsible journalism and tell the story without fear of criminal liability. And, in so doing, my government will be removing an onerous legal restriction in the criminal law which imposes a one year sentence," the Prime Minister added.
The news comes on the ever of World Press Freedom Day, which will be celebrated on May 3.
Persad-Bissessar noted that the move is the fulfilment of a promise made in 2012.
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| World Press Freedom Day is MAY 3, 2013 Click here to visit the official UNESCO site |
"The government was very happy to host the 2012 International Press Institute (IPI) World Congress in Trinidad and Tobago during the 23-26th June 2012 which was titled “ Media in a Challenging World: A 360 Perspective” and was attended by approximately 200 delegates from across the globe.
"On my instruction the Hon. Attorney General met with a delegation headed by Maria de Carmen Garay, Consultant for McSquared, to discuss several matters of mutual interests and concern.
"One of the major concerns raised by the IPI was the continued existence of law on criminal libel in Trinidad and Tobago. In fact we are happy to have with us again, Ms. Alison Bethel-McKenzie, the Executive Director of the IPI, on our shores on the eve of the World Press Freedom Day.
"Similar law has been used by many governments against journalists, even right here in the region where the Caribbean has witnessed active criminal libel prosecutions in the last 15 years in countries such as Grenada where the then Prime Minister Dr. Keith Mitchell took a newspaper editor George Worme to court, which ultimately resulted in the closure of the GRENADA TODAY newspaper in 2009.
"Similar law has been used by many governments against journalists, even right here in the region where the Caribbean has witnessed active criminal libel prosecutions in the last 15 years in countries such as Grenada where the then Prime Minister Dr. Keith Mitchell took a newspaper editor George Worme to court, which ultimately resulted in the closure of the GRENADA TODAY newspaper in 2009.
"It is clear that this law can have an intimidating and crippling effect and is held by the ‘swords of Damocles’ over the head of the media.
"In Trinidad and Tobago, the relevant laws which govern criminal libel can be found at Sections 8 and 9 of the Libel and Defamation Act, Chap 11:16 and says:
“Section 8- If any person maliciously publishes any defamatory libel, knowing the same to be false, he is liable on conviction to imprisonment for two years and to pay such fine as the Court directs. "Section 9- If any person maliciously publishes any defamatory libel, upon conviction thereof he is liable to pay a fine and to imprisonment for one year.”
"At my address to the IPI Congress last year, I made a public commitment that my government would hold discussions with the IPI and review our domestic libel law.
"Since then, the Honourable Attorney General has engaged in meaningful dialogue with the IPI, and TTPBA. There was free and frank exchange of views and many useful suggestions were made, as a result of which today I am pleased to announce that I will be taking a Note to Cabinet from the Office of the Prime Minister to Cabinet tomorrow to amend the Libel and Defamation Act.
"In Trinidad and Tobago, the relevant laws which govern criminal libel can be found at Sections 8 and 9 of the Libel and Defamation Act, Chap 11:16 and says:
“Section 8- If any person maliciously publishes any defamatory libel, knowing the same to be false, he is liable on conviction to imprisonment for two years and to pay such fine as the Court directs. "Section 9- If any person maliciously publishes any defamatory libel, upon conviction thereof he is liable to pay a fine and to imprisonment for one year.”
"At my address to the IPI Congress last year, I made a public commitment that my government would hold discussions with the IPI and review our domestic libel law.
"Since then, the Honourable Attorney General has engaged in meaningful dialogue with the IPI, and TTPBA. There was free and frank exchange of views and many useful suggestions were made, as a result of which today I am pleased to announce that I will be taking a Note to Cabinet from the Office of the Prime Minister to Cabinet tomorrow to amend the Libel and Defamation Act.
"We will insert a new provision so that no journalist can be criminally charged and prosecuted under section 9 of the Libel and Defamation Act for the malicious publication of any defamatory libel.
"This would allow members of the media fraternity to engage in responsible journalism and tell the story without fear of criminal liability. And, in so doing, my government will be removing an onerous legal restriction in the criminal law which imposes a one year sentence.
"The law of criminal libel was first passed in 1846 and has governed the conduct of media in this regard for over 160 years. As a former colony, we inherited this law from England and it has remained on our statute books for 167 years, even though England repealed this law in 2009.
"The law of criminal libel was first passed in 1846 and has governed the conduct of media in this regard for over 160 years. As a former colony, we inherited this law from England and it has remained on our statute books for 167 years, even though England repealed this law in 2009.
"To this end, I am extremely pleased to say that subject to Cabinet’s approval, this law will no longer apply to our colleagues and friends in the media of Trinidad and Tobago. This historical removal is further evidence of the government’s commitment to an independent, free and fair press in our great nation.
"This however, would require a greater sense of professionalism and responsibility by journalists to first verify the facts before publishing a story. By removing the legal consequence of one year imprisonment for malicious defamatory libel, some may argue that an important protection has been surrendered by the State.
"This however, would require a greater sense of professionalism and responsibility by journalists to first verify the facts before publishing a story. By removing the legal consequence of one year imprisonment for malicious defamatory libel, some may argue that an important protection has been surrendered by the State.
"Indeed, that is the same argument that has been used to maintain this law on our books which we inherited over 160 years ago. Citizens can however be comforted by the fact that section 8 of the Libel and Defamation Act will remain part of our laws and hence in the event that someone publishes defamatory libel knowing same to be false, it will still be a criminal offence.
"Robust discussion and even disagreement, criticism and consensus are the blood that flows through the veins of the free media. It must never be mistaken as an attack on press freedom but rather reflection and manifestation of that very free press.
"Robust discussion and even disagreement, criticism and consensus are the blood that flows through the veins of the free media. It must never be mistaken as an attack on press freedom but rather reflection and manifestation of that very free press.
"I am however optimistic and confident that the media has what it takes to meet this heightened challenge and rise to the occasion. The power of the pen is legendary and can destroy and devastate as much as it can enlighten and illuminate.
"As I close I would like to end with a quote from Malcolm X which asserts not only the media’s power but its concomitant role to practice responsible journalism and says:
“The media's the most powerful entity on earth. They have the power to make the innocent guilty and to make the guilty innocent, and that's power. Because they control the minds of the masses.”
"As I close I would like to end with a quote from Malcolm X which asserts not only the media’s power but its concomitant role to practice responsible journalism and says:
“The media's the most powerful entity on earth. They have the power to make the innocent guilty and to make the guilty innocent, and that's power. Because they control the minds of the masses.”
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