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IN A MAJOR VICTORY FOR THE JAMAICAN PRESS,
the government agreed to amend a new law that made it a crime to report
on certain government investigations.
The government of Prime Minister Percival Patterson first introduced the
so-called Corruption (Prevention) Bill as part of its efforts to bring national
legislation into compliance with the 1996 Inter-American Convention Against
Corruption. Under the bill, journalists could be fined up to US$12,250 or
jailed for up to three years, or both, for publishing information about
the work of any state anti-corruption commission.
In September, the Media Association of Jamaica (MAJ), a publishers group,
organized a major seminar to focus public attention on the bill. In December,
the Senate adopted the Corruption (Prevention) Bill without the offending
clauses.
Earlier in the year, on February 22, the MAJ also organized a seminar on
the proposed Freedom of Information Act. The bill, first presented in 1995,
is extremely weak and contains numerous exemptions, allowing the government
to withhold, for example, any document that could "reasonably be expected
to have a substantial effect on the ability of the government to manage
the economy." Despite promises to reform the bill, no new draft was proposed
in 2000. Meanwhile, the onerous Official Secrets Act of 1911 is still on
the books.
On July 31, the Court of Appeals reduced a libel judgment against the Gleaner
Company Limited to 35 million Jamaican dollars (US$800,000) from 80.7 million
Jamaican dollars (US$1.8 million), according to the company's legal advisor,
Jennes Anderson. The case stemmed from reports in the daily Gleaner
and its afternoon tabloid The Star about a 1987 Associated Press
story alleging that former tourism minister Eric Anthony Abrahams had accepted
bribes. According to Anderson, the court also granted the Gleaner Company
leave to appeal to the Privy Council in the United Kingdom, under the condition
that the company pay five million Jamaican dollars (over US$100,000) to
Abrahams within 60 days. Anderson expected the Privy Council to issue a
ruling by September 2001. (Jamaica is an independent country within the
British Commonwealth, with the British monarch as titular head of state.)
Although defamation cases are generally treated in the civil courts, the
Libel and Slander Act of 1961 mandates prison terms of up to three years.
Even so, local journalists seem relatively optimistic about the future.
"Jamaican media are in a healthy and comparatively free state despite the
restraint of current libel laws and the 1911 Official Secrets Act," said
Donna Ortega, president of the Press Association of Jamaica. "There is,
however, a veil of secrecy remaining over the operations of the public service
... It is hoped that amendments to the Freedom of Information Act as well
as a program of education for civil servants will go a long way towards
real change in this area."
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