Malahoo Forte proposes restoring offence of criminal libel

 

Former Minister of Legal and Constitutional Affairs Marlene Malahoo Forte is pushing for a national conversation on her call for the Parliament to consider restoring the offence of criminal libel, a provision repealed some 13 years ago. 

 

Citing rising incidents of online bullying, harassment, stalking and defamatory attacks, Mrs. Malahoo Forte has questioned whether reinstating criminal penalties might be necessary at this age of unregulated social media. 

 

Her suggestion in the House of Representatives last Tuesday came after Minister of Gender Affairs Olivia

Grange delivered a statement in recognition of the International Day for the Elimination of Violence Against Women. 

 

The Media Association of Jamaica (MAJ) and Press Association of Jamaica (PAJ) have rejected such a move, arguing that it will road back hard one press freedom secured under the Defamation Act of 2013.

 

Speaking Monday on Radio Jamaica's Beyond the Headlines, Mrs. Malahoo Forte said she is not in support of stifling freedom of expression or the liberal use of criminal law, but she argued that stronger sanctions should be considered for reckless conduct online. 

 

"We have to consider the harm that is taking place in the space or whether there is a legitimate concern

that requires the policymakers and the lawmakers to look for something more, another way of regulating what is happening in this digital age," she suggested.

 

Mrs. Malahoo Forte noted that while the Cyber Crimes Act is in place to protect Jamaicans from online abuse, it remains to be seen whether her concerns are adequately covered by that law. 

 

"You mentioned the Cyber Crimes Act and of course we would have to see whether the offence is created there, whether they are sufficient and they cover the concern raised. But I would say that let us not prematurely conclude that this call for a discussion is a call to turn back the hands. Let us be mindful that we are operating in a very different context," she reasoned. 

 

Also speaking in the House of Representatives on Tuesday, Minister without Portfolio in the Office of the Prime Minister, Dr. Andrew Wheatley said the government is reviewing the Cyber Crimes Act to strengthen protections against social media-based attacks.