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Trinidad and Tobago to partially decriminalise defamation

IPI urges country to consider removal of all criminal penalities for libel

The International Press Institute (IPI) today hailed the approval by the Cabinet of Trinidad and Tobago of a bill that would partially decriminalise defamation in the country. The bill has now been sent to Parliament, for what is hoped to be swift passage.

At a press conference with IPI Executive Director Alison Bethel McKenzie in Port of Spain on Wednesday, Trinidad and Tobago Prime Minister Kamla Persad-Bissessar committed to seeing the bill approved and stated, “This will allow the media to engage in responsible journalism and tell their story without fear of criminal liability. My government will remove the onerous restriction in criminal law that imposes a one-year sentence.”

The bill would remove Section 9 from the Libel and Defamation Act, which punishes defamatory libel with up to one year in prison. However, both the prime minister and Attorney General Anand Ramlogan noted that there were no plans to remove Section 8, which punishes malicious libel known to be false with up to two years in prison. Additionally, seditious libel remains a criminal offence, with offenders facing up to five years behind bars, under the Seditious and Undesireable Publications Act.

“If this bill is passed, it would mark a significant improvement in laws affecting the media’s work in Trinidad and Tobago,” IPI Deputy Director Anthony Mills said today. “It is important to note, though, that any type of libel, even false malicious libel, can and should be dealt with solely by civil courts, as civil remedies would secure adequate and sufficient redress. We therefore urge Parliament to also consider the removal of Section 8 from the Libel and Defamation Act.”

A bill that would fully decriminalise libel is currently being considered by the Jamaican Parliament, while legislators in the Dominican Republic confirmed to IPI last week that the country’s press law would be revised to include the elimination of potential jail time for libel offences.

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