‘Decriminalisation of defamation coming’

…gov’t tells UNHRC in report

AS Guyana’s human rights record comes up for review next at the UN’s office in Geneva, the government is promising decriminalisation of defamation here before the end of this year.

In its National Report submitted to the United Nations Human Rights Council ahead of its third Universal Periodic Review next week in Geneva, the Guyana Government said defamation in Guyana remains a criminal offence under the Criminal Law (Offences) Act. The report noted that the Office of the Prime Minister has been working with the Attorney General Chambers towards the decriminalisation of defamation and those amendments will be before parliament before the end of 2020.

Local media houses are frequently being sued by both state and private business officials. 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.”

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