Toward Reform of Defamation Law in the British Caribbean: Efforts at Reform in the United Kingdom and Jamaica

Abstract

The ongoing review of defamation laws by the Jamaican government has sharpened the focus on the need to identify appropriate standards for public officials in libel actions in light of the growing recognition of a need for transparency. Conventional wisdom speaks to the indispensable role of the media to inform the public of government activities to facilitate the democratic process. Jamaica's unique history of colonialism, underdevelopment and poverty has led to a political system based on pork barrel economics – inimical to government transparency so necessary in a democracy. This article explores how British, Caribbean and U.S. jurisdictions have sought to manage the paradigm shift between the right to reputation and the need to ensure responsible and accountable governance. The aim is to identify a path of reform for Caribbean defamation law that ensures greater public official accountability and better incorporates twenty-first century notions of democracy.