Buckley
The Press Association of Jamaica (PAJ) is hoping that efforts by the British government to boost press freedom in that country will impact positively on similar efforts being made locally.
According to a report in the October 21 issue of The Guardian newspaper, the British government has expressed concern over the use of double-gagging orders, known as 'super-injunctions', by libel law firms in their effort to thwart press freedom in that country, and would be consulting with the judiciary to address the matter.
Justice minister Bridget Prentice pledged this move after an emergency debate on the issue in parliament last week Wednesday, said the Guardian report.
The minister said the government would summon senior politicians to a meeting to discuss ways to 'reinforce' freedom of the press in reporting on parliament and the historic principle of parliamentary privilege.
PAJ President Byron Buckley reacted to the news with much optimism yesterday.
"The Press Association of Jamaica notes the efforts by the British government to increase the freedom of the press and hopes this will encourage our legislature to take similar action, even as there is a review of our antiquated libel laws," Buckley told The Gleaner.
Prime Minister Bruce Golding appointed a 12-member committee in early 2008, under the chairmanship of Justice Hugh Small, to review Jamaica's libel and slander laws, drawing support from both the PAJ and the Media Association Jamaica Ltd.
However, even as the British parliament held the emergency debate, it had to overcome attempts by libel law firm Carter-Ruck to avert it.
Gagging orders
Carter-Ruck had written to the commons speaker, John Bercow, telling him that to hold the debate about the issue of gagging orders would be sub judice and would affect proceedings. But Bercow decided the debate would take place anyway.
In parliament, members debated how Carter-Ruck was able to stop the Guardian reporting a parliamentary question tabled by an MP that related to an injunction awarded to an oil company. Members of parliament from all political parties condemned the issuing of super-injunctions against the press.
It was the same Carter-Ruck that used a super-injunction against The Guardian last month to try to keep secret a draft scientific report about the alleged dumping of toxic waste in West Africa by oil trader Trafigura.
Powerful interests
Liberal Democratic MP Evan Harris said there was a lot of concern in parliament and the media over the impact of English law on freedom of expression, as powerful interests are able to exploit the legal system to prevent matters of public interest from being discussed.
"The government needs to do something about this instead of letting the public continue to be blinded by secretive injunctions and draconian libel suits," Harris stated.
In Jamaica, Golding had expressed similar sentiments earlier this year, warning that libel laws must not become a firewall that is used for protection of unprincipled persons.
"There are people who deserve not only to be exposed but to be put behind bars, who are able to hold on to the libel laws and hold it up as a shield and say 'touch me if you think you're bad' and I think that needs to be broken down," Golding told the 40th annual general assembly of the Caribbean Broadcasting Union in Ocho Rios, St Ann.