Television Jamaica (TVJ) has won its appeal in the 13-year-old defamation case that was brought against it by People's National Party councillors, Michael Troupe and Sylvan Reid.
The Court of Appeal overturned the Supreme Court ruling that found TVJ and CVM Television liable for defamation, allowing the broadcasters' appeals and setting aside key parts of the earlier judgment.
In its decision, the Court ruled that TVJ and CVM should not have been held liable for defamation in relation to news broadcasts that were the subject of the lawsuit.
The judges found that the trial judge erred in rejecting the broadcasters' defence of responsible journalism, known as 'Reynolds privilege'. The court held that the broadcasts were matters of public interest, amounted to reportage, and were not driven by sensationalism. It also ruled that it was neither practical nor necessary for the broadcasters to seek comment from the claimants at the time, as they were in police custody.
Because the Court found no liability on the part of TVJ and CVM, it also ruled that the awards of damages made against them could not stand.
The Court of Appeal also reversed the costs orders made against both broadcasters in the Supreme Court.
Instead, it ordered that the claimants must pay the costs incurred by TVJ and CVM in the lower court proceedings.
In addition, the Court ordered that 75 per cent of the costs of the appeal are to be paid to CVM and TVJ, unless a party applies for a different order within 14 days.
The stay of execution that had been in place since April 2020 has now been lifted, and the court ordered that any sums paid by the broadcasters under that stay be returned immediately.
In December 2019, the Supreme Court ruled in favour of the politicians who had sued TVJ, CVM Television, the attorney general, Police Commissioner Owen Ellington, and Senior Superintendent of Police Leon Clunis, who was head of the Anti-Lottery Scam Task Force.
The men had claimed in their lawsuits filed in November 2012 and June 2013 that they were "falsely and maliciously arrested" during several simultaneous raids by the Anti-Lottery Scam Task Force in St. James on July 18, 2012.
They also claimed that certain untrue words were spoken by the senior superintendent and the police commissioner, which were broadcast by both free-to-air television stations.
Mr. Troupe, councillor for the Granville division in St. James, was awarded $11 million in damages for defamation, while Mr. Reid, from the Salt Spring division in the parish, was awarded $8.5 million in damages for defamation.
TVJ had argued that the newsroom reported faithfully and accurately the information provided by an authoritative source, the police and also as events unfolded.
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