FOCUS ON THE AMERICAS - International Press Institute

The Caribbean
Jamaica
By Alicia Versteegh
In Jamaica, in 2010, newspapers and
broadcast media generally remained independent
of government control, and, according
to the annual Freedom House
country report, about 50 per cent of Jamaicans
had access to the Internet – “more
than double the regional average of the
Caribbean.”
The most critical
threat to media freedom
continued to
be outdated libel
and defamation
laws. The current
laws date to Jamaica’s
colonial past, placing the burden of
truth on the defendant, who faces excessive
fines or even prison sentences by a
jury if unable to prove that published statements
are true. Media leaders are concerned
that the fear of defamation lawsuits
and the possible consequent charges fuel
self-censorship, particularly in terms of investigating
and reporting on sensitive issues
such as corruption. Another potential
barrier to the free flow of information is the
continued implementation of the Official
Secrets Act, which constitutes a barrier to
the release of information under the Access
to Information Act.
Jamaica’s most damaging libel verdict occurred
in July 1996. The high profile case
stemmed from a 1987 Associated Press
story published in the island’s oldest newspaper,
The Daily Gleaner. The article contained
accusations that former Minister of
Tourism, Eric Anthony Abrahams, had received
bribes from a U.S. advertising firm in
return for a public relations contract. A
Supreme Court jury initially ordered
Gleaner Company Ltd. to pay J$80.7 million
(U.S.$2.5 million) in libel damages to
Abrahams. In 2000, the Court of Appeal reduced
the fine to J$35 million
(U.S.$410,000). Despite the reduction of
damages, the fine was grossly disproportionate
and exceeded previous libel awards.
The most critical threat to
media freedom continued
to be outdated libel and
defamation laws.
Jenni Campbell, president of the Press Association
of Jamaica (PAJ), and managing
editor of The Jamaica Gleaner newspaper,
expressed her concern over the crippling
effect exorbitant charges can have on
media organizations: "Essentially, media
houses are like winning lottery tickets to
some persons who file libel suits, and costs
to defend cases can
expose any media
house to bankruptcy."
Media practitioners
wish to see criminal
libel abolished, the
burden of truth reversed so that it falls to
the claimants, and the determination of
damages by a judge rather than a jury.
These changes would put Jamaica in alignment
with the system in place in the United
States.
Although President Bruce Golding, with
support from the PAJ and the Media Association
of Jamaica (MAJ), appointed a
committee headed by Justice Hugh Smalls
in January 2008 to review Jamaica’s
defamation laws, Parliament has yet to
make legal reforms.
The most recent source of
conflict between the
Bruce Golding administration
and the media involves
proposed changes
to the airing of government
broadcasts.
The most recent source of conflict between
the Bruce Golding administration and the
media involves proposed changes to the
airing of government broadcasts. The
Golding administration wants to use their
daily time allocated for government broadcasts
(45 minutes on television, and
Above: A Jamaican police officer searches overhead buildings near the Tivoli Gardens area of Kingston, Jamaica May 26, 2010. (REUTERS)
30 minutes on the radio), in 13 blocks instead
of only in one or two. Press organizations
are concerned that these proposals
could have a harmful effect on the sustainability
of media organizations. On World
Press Freedom Day, May 3, 2010, chairman
of the MAJ Gary Allen questioned, “Can
you hear 10 government news headlines
and three government features, 13 government
news-related products in all, on all
radio and television stations each day without
them all sounding alike?” The
Caribbean Broadcasting Union (CBU) and
the Commonwealth Broadcasters Association
(CBA) urged that these proposals be
discarded, fearing that such amendments
would distort the “independence and credibility
of the local media”.
High levels of crime and violence conspire
to make living difficult for all citizens,
including journalists. Of the few reported
cases of media harassment, the
most recent alleged incidents involved
the police force. On July 3, 2010, a policeman
allegedly attempted to seize the camera
of a CVM TV videographer, Kirk Hall,
at the site of a police killing in St. Ann. On
February 14, 2009, financial journalist Julian
Richardson of the Jamaica Observer
was arrested and threatened with death
when he refused to pay a bribe to two officers
in exchange for dropping charges
against him of “using indecent language
and obstructing the traffic.” Six days later,
The Gleaner’s Ricardo Makyn was arrested
for “insult, assault and disobedience,”
after photographing an officer who had
shot a man trying to steal his cell phone.
These “abuse of power” occurrences re-
sulted in the decision to publish the
“PAJ/MAJ code of Practice for Journalists.”
This handbook, under Commissioner of
Police Owen Ellington, will set out the proposed
rules of engagement between police
and media.
High levels of crime and violence conspire
to make living difficult for all citizens,
including journalists.
Recommendations
• The government should amend the
country’s outdated libel and defamation
laws, which harm freedom of expression
and restrain the press.
• The government should repeal the Official
Secrets Act, which contradicts the
Access to Information Act.
• The authorities should enforce a better
system for investigating police abuse attacks
against journalists.
• Public officials should behave with
greater transparency vis-à-vis the media.
Jamaica in Brief
Population: 2.8 million
Domestic Overview:
Jamaica, part of the Greater Antilles islands
in the Caribbean, gained its independence
in 1962. A member of the
British Commonwealth, Jamaica’s titular
head is Queen Elizabeth II, represented by
the governor-general of Jamaica. The island
nation is a parliamentary democracy
headed by President Bruce Golding of the
Jamaica Labor Party, elected in September
2007. Government power generally alternates
between the conservative Jamaica
Labor Party and the center-left People’s National
Party. Although the right to free expression
is generally respected, corruption remains
a considerable
problem with leading
officials. Government
whistleblowers are not
well protected under
Jamaican law.
Under Golding’s governance, Jamaica has
still struggled with the rise of violent
crime. In 2009, Jamaica’s homicide rate
reached the all-time high of 1,680. Most of
this violence is attributed to warfare between
drug gangs.
The judicial system is undermined by an
accumulation of unresolved cases, particularly
in terms of police abuse and violence
in prisons. In July 2009, Amnesty
International reported that the police had
killed 224 civilians in the preceding year
alone. Despite efforts, the Golding government
has been unable to improve
penal conditions.
Beyond Borders:
Jamaica is a founding member of the
Caribbean Community (CARICOM), an
organization that promotes economic integration
amongst its members. Mining
and tourism are the main sources of foreign
exchange, with half the economy relying
on these services. Unfortunately, violent
crime continues to discourage
tourism and investment in the nation.
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