DECLARING THERE are "many serious media disasters waiting to happen", Oliver Clarke, the chairman and managing director of The Gleaner Company Ltd. yesterday called for freedom of the press to be included in the Jamaican Constitution, for a wire service defence and for changes to the region's defamation laws.
"It is impossible for media in Jamaica to perform their functions properly unless they are given some protection which arises from the different definitions of libel in United States and here," he said while addressing the 40th anniversary awards luncheon of the Advertising Agencies Association of Jamaica (AAAJ) at the Jamaica Pegasus Hotel, New Kingston. "And it's extremely unfortunate that we can receive broadcasts directly from an environment which has a far more generous libel law than we have," he said.
Mr. Clarke also called for changes in the libel laws relating to public officials.
Citing the need for absolute privilege in relation to statements made about government or quasi-government bodies and their members, Mr. Clarke declared: "If Jamaica is going to really challenge the public sector to become more efficient, to make better use of scarce public resources that we have, to be honest and less corrupt and to ensure that the country is run in the best interest of all, then there needs to be greater openness ... and public officials need to come under much greater scrutiny in conducting their public activities than they now do."
The Gleaner Company chairman said that if one takes public office, that person becomes a public figure and should be prepared to face an inquisitive press and public.
"Jamaica will have to change its laws relating to public officials, to allow the public to have a better understanding of how the country is run. It is not equitable to penalise the media - in the absence of malice - for doing a job on behalf of the people of Jamaica," Mr. Clarke said.
Regarding jury trials in libel cases, where some awards seemed excessive to the point of being outrageous, he said one problem was that there were set standards and mathematical formulae for working out personal injuries, but there was so much formula for injury to reputation or libel "and even with directions from the judge there is limitation as to how or even whether a judge can circumscribe the jury as to the quantum of the award".
"The law should allow judges to direct juries to take into account personal injury cases," emphasised Mr. Clarke. "And the present rules of the court should allow the Appeal Court to be able to replace a jury award with an award which they may find more fitting after they have heard an appeal."
Mr. Clarke said that suggestions in 1997 to change regional defamation laws have largely been ignored by Caribbean Community (CARICOM) legal ministers.
"Nothing has really been done by these Ministers or their colleagues to negotiate such changes, or at least nothing has been done which has been shared with the media heads, in spite of many requests for action," said Mr. Clarke.
Earlier this year, media heads again went to CARICOM ministers with suggestions for changes to the law of defamation and also offered to pay consultancy fees to undertake work in this area. The offer has so far not been acted on by CARICOM.
"It must be clear to all, that politicians have a vested interest in not changing the defamation laws to allow the public to have greater access to the inner workings of government," said The Gleaner chairman. "And I am afraid that the media have done a terribly ineffective job of pushing their case."
Emphasising the need for reform of the local Constitution, Mr. Clarke said that as things now stand, the Constitution only talks of freedom of expression, while those of several of Jamaica's neighbours protect their press by enshrining its freedom in their Constitutions.
Arguing his case for a wire service defence, Mr. Clarke noted that media houses which reproduce material obtained from a reputable source, including wire services such as Reuters and the Associated Press, were liable for any defamation which the rebroadcast or reproduced statement contains.
"There are many serious media disasters waiting to happen," said Mr. Clarke who is also the president of the Private Sector Organisation of Jamaica (PSOJ). "It is impractical to place each media under the obligation to preview each and every broadcast directly from the United States. This is especially the case where electronic media are competing directly with satellite dish reception showing material broadcast directly from the USA."
