Mr. Bill Graves
Governor of Kansas
Office of the Governor
State Capitol
Second Floor
Topeka, KS 66612
USA
Fax: + 1 785 296 7973
Vienna, 6 April 2001
Dear Mr. Graves,
The International Press Institute (IPI), the global network of editors and media executives, strongly condemns the decision by the Wyandotte County District Attorney to bring charges of criminal defamation against an editor and a publisher.
According to IPI’s sources, David Carson and Edward H. Powers Jr, publisher and editor of The New Observer, respectively, will appear before court on 10 April to face ten misdemeanour charges of criminal defamation. If found guilty they face a fine of US$ 2,500 and a sentence of one year’s imprisonment. The charges were filed by the District Attorney in Wyandotte County, Nick Tomasic.
Eight of the charges are based on claims made in The New Observer stating that Carol Marinovich, mayor/CEO of the Unified Government of Wyandotte County/Kansas City, and her husband, a District Court Judge, do not live in Wyandotte County and therefore cannot hold public office in the county. Powers and Carson are also charged with defaming two other individuals, one of them a former journalist, by accusing them of being employed by Marinovich to “lie” for her. In the past, the newspaper has been critical of both Tomasic and Marinovich. Tomasic denies that his decision is politically motivated claiming that he filed charges because the allegations made by Powers and Carson were “false and malicious”.
The purpose of defamation law is to protect an individual’s reputation from harm. It is IPI’s belief that defamation should be dealt with under civil law. If a statement is found to be defamatory, the purpose of the remedy should be to redress the harm caused to the reputation of the claimant, not to punish the defendant. Experiences in many democracies, including the U.S., show that civil damages provide ample redress to harm caused to an individual’s reputation.
Criminal sanctions, such as imprisonment, are a serious threat which often curtail journalists in their work. Around the world, criminal defamation laws are the preferred instruments of repressive governments to silence criticism and stifle public debate. The decision to file criminal charges against Powers and Carson is especially worrying since eight of the charges concern themselves with the alleged defamation of a public official.
A free and open public debate is essential in order for citizens to evaluate the performance of their elected officials who, in turn, should be open to more criticism. This is a fundamental principle in any democracy, a sentiment which has been reiterated by the United State’s Supreme Court which said, “Speech concerning public affairs is more than self-expression; it is the essence of self-government.”
Moreover, the Supreme Court has affirmed the necessity of maintaining a free and open public debate even if such a debate includes, “vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials.” When seeking and winning public office, politicians knowingly expose themselves to a greater amount of criticism. In addition, politicians have sufficient means of redress such as responding directly to any allegation.
Therefore, IPI urges you to initiate the necessary measures to review and replace criminal defamation with appropriate civil legislation in the State of Kansas. Moreover, IPI urges that the criminal charges against Carson and Powers are withdrawn and that any case of defamation is dealt with in a civil court.
We thank you for your attention.
Johann P. Fritz
Director
cc: Mr. Nick Tomasic
District Attorney
Wyandotte County
Fax: + 1 913 573 29 48
