The Paris-based Reporters Without Borders (RWB) Wednesday called on the Grenada government to introduce legislation that would have the effect of limiting the amount of money persons can claim for damages from the media.
RWB was reacting to the decision of the High Court to wind up the operations of the Grenada Today newspaper over its failure to meet an EC$191,000 (US$71,135) libel award to former prime minister, Dr Keith Mitchell.
Grenada Today's liquidation is bad news for media diversity and, above all, a very bad precedent for the resolution of disputes linked to press offences," RWB said.
"Regardless of the substance of the case, it highlights the dis-proportionate nature of damages awards that threaten the survival of the publication concerned."
"We call for a legislative amendment that limits the amount of damages that a plaintiff can demand. And we hope that, although there are no further possibilities of appeal, that Grenada Today can nonetheless still be saved by a last-minute deal."
The paper's editor, George Worme, said he was examining several options, including the launch of a new newspaper.
"Since the events have unfolded, I have been approached by several different people who are interested in forming a new newspaper and they have approached me to be associated with them. I am giving consideration to my options," Worme told reporters.
Appointment
Justice Claire Henry Tuesday appointed former accountant general, Garvey Louison, as the liquidator after Worme's lawyer told the court that his client failed to reach an agreement to settle the award with the former prime minister.
Mitchell, who was not present in court for the brief hearing, sued the newspaper over the publication of a letter from a reader in 2001 that contained disparaging remarks about him.
The High Court awarded the then prime minister compensation totalling EC$120,000 (US$44,692) in 2003, but the matter was appealed and the Court of Appeal increased the judgement to EC$191,000, inclusive of costs.
Mitchell told reporters on Monday that his lawsuit was aimed at protecting his name.
RWB said that the lawsuit against Grenada Today, one of five weekly newspapers on the island, "is very similar to the kind of lawsuit specifically designed to intimidate and silence critics that is referred to in English-speaking countries as a Strategic Lawsuit Against Public Participation or SLAPP.
"It usually takes the form of a defamation action carried out with the aim of forcing the target, news media or NGO, to either fold or retract because of mounting legal costs or the threat of a ruinous damages award.
"Reporters Without Borders supports the principle of anti-SLAPP legislation," the Paris-based media watchdog group said.
In the meantime, The Association of Caribbean MediaWorkers (ACM) said it was also concerned about the result of the case.
"While we believe citizens should retain the right to seek civil redress on matters of defamation, we are of the opinion that penalties should neither be disproportionate nor excessive. We are aware, in several international jurisdictions, this principle is being seriously contemplated," the ACM said in a statement Wednesday.
The ACM said it was joining with regional media enterprises that have consistently called for reform on the issue of liabilities arising out of defamation suits.
"We agree it has the potential to infringe freedom of the press. Our thoughts are with George Worme and his team of media workers who now face an uncertain future. We are also concerned the judgement can produce a "chilling effect" on free expression not only in Grenada but elsewhere in the Caribbean region."