Guyana’s draconian Libel Laws must be scrubbed from Law Books

Dec 29, 2022 News

…US based Activist says act stifling press freedom, urges modernization

Kaieteur News – If the Government is serious about updating and modernising the Laws of Guyana, it can start with the Defamation Act which some believe is being used as a tool to stifle press freedom and criticism of those in public office.

This contention was raised by US based Guyanese, Dr. Jerry Jailall. According to Dr. Jailall defamation Laws often clash with free speech and free press which are among some of the basic liberties of a democratic society. He explained that in Guyana, this is particularly true as many Politicians and Public Figures have used these laws as a means of silencing their critics and at the same time, gaining mileage with the public.

US based Guyanese, Dr. Jerry Jailall

However, Dr. Jailall, a vocal critic on matters related to governance in Guyana, said this can be changed if the Defamation Act is reformed and given more modern features which will allow for Guyanese to freely make observations and critique the actions of those occupying public offices, without the threat of being hauled before the Court of Law in the name of libel.

He noted that for one it is the contention that Guyana’s Libel Law places the burden of proof of Defendants to show that they have not defamed the public or political figures, but in modern societies like the United States, it is not the same.

“In the United States, the person bringing the suit must show how they were defamed or libeled. The laws are modernized and updated to allow a greater level of freedom to Journalists and the Press which will allow them to express at a level that they can critique the actions of the Government without being prosecuted … of course, it does not allow for persons to personally attack a person’s character by labeling them without proof but it gives the press way more leverage to do their jobs,” he said.

In the meantime, Dr. Jailall also pointed to the need for the Government to repeal the Cybercrime Act, or revamp it.

In a letter to the Editor, he noted that both the People’s Progressive Party Civic (PPPC) Government and the People’s National Congress Reform (PNCR) have critiqued bills during parliamentary discussions, but once they get into Government, they use those same bad policies they criticized while in Opposition.

Speaking on cybercrime, he stressed that, “It is silly that because you use a computer or digital device to type a public comment or critique that it is called “cybercrime” All the PPP’s criticisms of the PNC [opposition] Bill when it was discussed in Parliament are still valid today. So why has the PPP not amended the Act or repealed it now that it is in power? What’s stopping them? This is the political syndrome of “where you stand, depends on where you sit.”

Further, Dr. Jailall pointed to the comments made by PNC Member of Parliament and former General Secretary, Geeta Chandan-Edmond, earlier this year. It was reported that Shadow Home Affairs Minister in the National Assembly, Attorney-at-Law, Geeta Chandan-Edmond said there has been “a crackdown” on freedom of speech and freedom of expression since the People’s Progressive Party/Civic (PPP/C) Government took Office in August 2020 through the barefaced abuse of the country’s Cyber Crime Act. “… Guyanese have lost the basic fun indulgence of speaking their minds on social media. We cannot even post on Facebook in peace, the Government cyber security teams are scouting the pages of ordinary Guyanese to abuse the Cyber Crime Act,” MP Chandan-Edmond was quoted as saying to the National Assembly.

In its final report on the March 2, 2020 elections the European Union had observed that despite the Constitution guarantees freedom of expression, Guyana is at odds with international obligations and in addition to Civil Law, defamation is prosecuted also by Criminal Laws with sentences up to two years of imprisonment. “While there were no ongoing criminal lawsuits or cases of Journalists being detained or convicted, the mere existence of criminal liability for defamation constitutes a threat which may lead to possible self-censorship by media professionals,” the EU stated in its report.

Back in January of that same year the United Nations Human Rights Report (UNHR) had highlighted the fact that the Guyana had been working to remove defamation from criminal aspect of the laws. According to the report, the Office of the Prime Minister has been working with the Attorney General Chambers towards the decriminalisation of defamation. The report had come ahead of Guyana’s human rights review at the UN’s Office in Geneva. In its national report submitted to the United Nations Human Rights Council ahead of its third Universal Periodic Review, the Guyana Government had said it will be pushing for the decriminalisation of defamation and those amendments will be before Parliament before the end of 2020. The issue has been on Guyana‘s human rights reformation agenda for some time now.

Media organisations have been lobbying Guyana and other Jurisdictions to abolish criminal defamation for some time now. The International Press Institute has said that Criminal Libel Law was born in an Elizabethan England courtroom as a means for silencing critique of the privileged class. The body said a law of such antiquated ethos, has little place in modern society where the Press plays a pivotal role in shaping public discourse. The IPI had been actively campaigning for the governments of the Caribbean to redress their current criminal libel laws. At present, the Law is vague and open to indiscriminate and inconsistent implementation, largely wielded to quell dissent and stifle government criticism, IPI had said.

While infrequently used in the Caribbean, Criminal Libel Statutes remain, an unnecessary resource at the disposal of any offended official, IPI said, adding that the mere threat of Prosecution chills investigation and free speech, sustains corruption, unnecessarily protects Public Officials, and denies one of the most basic of human rights, freedom of expression. “Criminal Libel is one of the most pernicious media constraints in contemporary society. Implemented at the will of any insulted Public Official, it frequently leaves no recourse for the Defendant. In most countries, truth is not a valid Defence, leaving Defence a vexing proposition.”