Garth Rattray

In a perfect world, those entrusted with power would be fair and incorruptible. But, we don't live in a perfect world. Our recent history is replete with instances of abuse of power and trust, dishonesty and cover-ups. Worldwide, the media have consistently been the premier guardian and watchdog of our rights.

Its glaring light of transparency often provides the only means of keeping people in power honest. One way of measuring freedom within any society is to assess the freedom of the press (its ability to readily receive/access information and bring it to public attention).

The group, Reporters Without Borders, compiled their latest (2003) world ranking of press freedom by asking jurists, re-searchers, human rights activists and journalists to complete a questionnaire evaluating their assessment of their individual country's respect for press freedom.

Easier access

Out of 166 countries, Jamaica came 21st (tying with Hungary and South Africa) we were beaten by Trinidad and Tobago (they tied with Denmark for fifth), we didn't fare too badly when you consider that the United Kingdom came 27th and the United States was 31st (tying with Greece) - their low ratings was due in part to the suppression of some information because of their involvement in the Iraqi war.

It is commendable that the current administration recognises the inordinate level of corruption that exists within the private and public sectors of our society, the need for easier access to information and for the modernisation of our libel and defamation laws under 'Governance: 1.16' reform of libel and slander laws.' Their manifesto states, 'Modernise the laws relating to libel and slander so that those engaged in corruption can be more easily exposed and brought to justice.' In the introduction, the manifesto ties the lack of transparency with corruption: 'Corruption is rampant in Jamaica and not only siphons off billions of dollars of taxpayers money but undermines the competitiveness of those who play by the rules. In 2006, Transparency International gave Jamaica a score of 3.7 out of 10 (10 being the least corrupt).'

Admittedly, however, when I reviewed the Libel and Defamation Acts, I thought that, on the surface, they didn't seem all that oppressive or inadequate. But, after looking at an excellent paper by attorneys-at-law David Coore, Q.C. and David Batts (member of the committee appointed to review both laws and to recommend possible amend-ments), I became aware of some fundamental flaws.

Libel and slander

For example, I learned that defamation may occur simply by innuendo. And, since spoken words may now be recorded or broadcast, the distinction between libel and slander represents an anachronism (libel is actionable without proof of damage while slander is not). I also realised that our press needs to operate under a 'public interest' privilege.

Our antiquated Libel and Slander Act (1851) and the outdated Defamation Act (April 30, 1963), have helped to stifle investigative journalism in Jamaica. We must become unhindered in our ability to unmask corruption because this scourge facilitates malfeasance, protectionism and sometimes even deadly violence. Corruption is divisive, profits the unscrupulous, promotes grafts and kickbacks and unfairly enriches those involved in financially-fuelled favouritism.

Corruption makes a mockery of honesty, fair play and justice. It has polarised our society for decades and leaches our coffers of sparse financial resources that could be better used for developmental programmes to benefit everyone.

Transparency is the mortal enemy of corruption. The press needs fewer barriers so that its watchful eyes and listening ears can engender more accountability, improve governance and reduce the possibility of corruption/dishonesty throughout society.

Journalists of the Imedi TV channel get ready for a live broadcast in Tbilisi, on December 12. After pressure from Western governments, a Georgian court last week lifted an injunction that barred Imedi from operating. The station is operated by Rupert Murdoch's News Corporation. - REUTERS