A provision passed in the Transport Authority (Amendment) Act makes it an offence to use abusive language to a Transport Authority inspector. (Gleaner file photo)
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Attorney Javed Grant and Pastor Michael Aiken
One attorney has viewed with scepticism the provision which makes it an offence to use abusive language to a Transport Authority inspector, while a church leader has said there is nothing wrong the provision from a biblical point of view.
The provision is contained in the Transport Authority (Amendment) Act, which was passed in the House of Representatives on Tuesday.
The legislation states that the use of abusive or calumnious language to an inspector while on the job would attract a maximum fine of $500,000 or six months' imprisonment.
But attorney Javed Grant argues that the provision is vague and ambiguous.
He is, therefore, concerned about how it will be interpreted.
The attorney noted that some people have already begun calling the provision the 'bad word' law, but he suggested that the language used in the statute "does not refer to any expletives or any profanity or any obscene language".
Calumnious language refers to false or defamatory statements, and according to Mr. Grant, Jamaica already has laws to protect against defamation.
"We are not certain what abusive language or calumnious language covers. Does it cover the use of a 'bad word'? Utterance made to yourself? Or is it that you can use a 'bad word' but once the inspector at the time does not believe that that is being directed at them or they don't find it abusive?" he questioned.
Mr. Grant also described the fine as excessive and believes that mainly poor people will be affected by the provision.
He added that the provision could overwhelm the already burdened court system.
But associate pastor at Fellowship Tabernacle, Michael Aiken, has said he is in support of the provision because language is associated with behaviour.
He said his opinion is also based on biblical principles, which teach that persons are to "Let no unwholesome word or phrase or sentence proceed from your mouth, but only the kind of speech that brings grace and happiness to the hearer."
Pastor Aiken does not believe the $500,000 fine is excessive.
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