Libel is difficult to prove in the U.S.

Feb 19, 2013 Letters

Dear Editor,
Regarding your news item “Guyana Times Slapped with Lawsuit in N.Y” (KN Feb 18), such “libelous suits” are hardly won in court and even if they are won, the Supreme Court tends to overturn most of them.
American courts grant almost absolute freedom of expression, much to the consternation of the aggrieved.
It is almost impossible to win a libel case in the U.S. In order to win a libelous suit, the plaintiff has to show that the defendant (publication) knowingly published false or incorrect information.
In other words, the plaintiff has to prove that the defendant knew beforehand that the information it would publish was patently false and proceeded to publish it anyway (and deliberately so) to tarnish the good name of the plaintiff.
And even when it is proven that a publication knowingly published false information, cases have been thrown out or plaintiff awarded just a dollar, because the publication claims it was done by accident or without malice.
Mr. Rickford Burke, who I believe is a lawyer, the plaintiff, ought to know about tough American conditions on libel.
He claims that Guyana Times published news (which I did not see) on him with exceptional maliciousness and a premeditated intent to assassinate his character.
The fact that Burke says Guyana Times published the article with malice and premeditation does not necessarily make it as such.
Burke has to prove that Guyana Times knew ahead of its publication that the news on him was false and that he was the victim of an identity theft. Informing the newspaper of the incorrect information after its publication is not proving that the paper was libelous.
The paper is in the clear on that point as anyone who studies constitutional law would concur.
Also, calling for a retraction and the paper’s refusal to honour the request does not make the paper guilty of libel.
American courts have ruled that a publication does not necessarily have to recant incorrect information, although that would be the right and fair thing to do because Burke is a victim of circumstance, not of his own doing.
The KN news item also reports that Guyana Times is the subject of “double jeopardy” meaning a lawsuit in Guyana and one in N.Y.
Anyone who studies basic American law would know that only one court would hear the matter. When it is called for a hearing in Guyana (and is likely to be called there first), the Guyana Times’ lawyers would point out that a lawsuit is pending in N.Y and move for a dismissal.
The judge would first have to determine jurisdiction since the alleged libel info was disseminated in N.Y. With the parent company being in Guyana, it would appear there is jurisdiction.
But in all likelihood, the Guyana judge (elementary law) would ask the plaintiff to drop one of the suits – unless they are two completely
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From page 4
different lawsuits. But they would seem to be related and rooted as one lawsuit.
The defendant would probably ask that the Guyana suit be thrown out and opt for the N.Y trial, because a N.Y judge is likely to dismiss the lawsuit as frivolous and without basis – no evidence has been presented that Guyana Times acted with premeditated intent to tarnish Burke’s name.
All other comments about the Guyana Government, Office of the President, etc. are political propaganda and have no bearing on the facts of the case.
If the case is called for a court appearance in N.Y first, the judge would ask that it be consolidated or ask the plaintiff to choose which court (Guyana or N.Y) it prefers.
It can’t be two courts for the same case or double jeopardy as KN calls it.
There are precedents for such rulings involving several cases that were brought in Jordan, Israel, Brazil, etc. and in the U.S., involving the same lawsuits in multiple locations.
The American judge dismissed them or asked the plaintiff to drop one.
Vishnu Bisram

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