Legal Protections and Provisions PDF

Legal protections and provisions A Look at the Constitutional Provisions in Jamaican Law Relevant to Media Practitioners Dayna-Lee Lawrence 20192935  PICTURE THIS…… Imagine a country where journalists...

Legal protections and provisions A Look at the Constitutional Provisions in Jamaican Law Relevant to Media Practitioners Dayna-Lee Lawrence 20192935  PICTURE THIS…… Imagine a country where journalists aren’t allowed to speak freely, media houses are silenced, the police can do as they please and nobody can report on it. The prime minister can steal as much as he wants, MPs can indulge in as much corruption as they please and all journalists are silenced by these same people. Thankfully, the Jamaican Constitution does not allow for that to happen. (not the corruption, the silencing).  OBJECTIVE 1. To explore how the Jamaican Constitution empowers and guides media practitioners while balancing their rights 2. with responsibilities. 3.  ICE BREAKER- “PRESS PLAY” 1. Court 2. Scandal 3. Controversy Corruption 4.  KEY TERMS Deliberations The process taken by a jury to decide whether the accused is guilty or not guilty. Evidence Cons A Co titut Information provided to the court that is used to prove or disprove a fact in issue in nstit ion stipu utio lates n is t the b how he se court proceedings. asic a cou t of f poli n unda pow tical try sho men ers a c u tal la the f nd o de, fra ld be go ws th Affidavit unda obligati mew vern at peop m enta ons of ork, e d. It le et l righ p u m e in c. ts, th blic inst chanism cludes e dir ituti s A written statement confirmed by oath or affirmation for use as evidence in court. ectiv ons a , e an l d the ong wit duti h es of Defendant An individual, company or institution sued or accused in a court of law. Trial A hearing in a court where all evidence is heard and a final decision is made. HISTORY Jamaican Constitution (In Brief) The Jamaica Constitution, 1962 was drafted by a bipartisan joint committee of the Jamaican legislature in 1961-62, approved in the United Kingdom and included as the Second Schedule of the Jamaica (Constitution) Order in Council, 1962 under the West Indies Act, 1962. It came into force with the Jamaica Independence Act, 1962 of the U.K. Parliament, which gave Jamaica political independence. The Charter of Fundamental Rights and Freedom (Constitutional Amendment) Act, 2011 (No. 12 of 2011). Repeals and replaces Chapter III of the Consititution concerning fundamental Rights and Freedom. These rights include the right to freedom from discrimination on the grounds of sex, race, place of origin, social class, colour, religion or political opinions; the right to protection from torture, or inhuman or degrading punishment or other treatment.  WHY WE NEED MEDIA RIGHTS Media rights are essential to regulate the complex relationship between freedom of expression, public interest, and individual rights. The key reasons why we need media laws include: Protecting Freedom of Expression Media rights ensure that journalists and media organizations can operate without undue interference, safeguarding freedom of speech and the press as a cornerstone of democracy. Maintaining Accountability These rights provide guidelines to prevent misuse of media platforms, such as spreading false information, defamation, or hate speech, and hold media outlets accountable for their content.  WHY WE NEED MEDIA RIGHTS Upholding National Security Media rights restrict the dissemination of information that could compromise national security, such as sensitive military details or intelligence leaks. Protecting Individual Privacy and Rights Media rights ensure that the rights of individuals, including privacy and protection against defamation, are upheld, preventing invasive or unethical reporting. Regulating Content Standards They help establish boundaries on the type of content that can be published or broadcasted, avoiding obscene, harmful, or incendiary material that could harm public decency or order.  WHY WE NEED MEDIA RIGHTS Promoting Media Diversity Media rights ensure fair access to media platforms for various groups, promoting diversity and preventing monopolization by a few entities. Encouraging Ethical Journalism These rights set standards for professional ethics in journalism, such as accuracy, impartiality, and fairness, which are critical for public trust in the media. Preventing Harmful Influence Media rights help combat the influence of harmful propaganda, manipulation, or misinformation campaigns, which can distort public opinion and threaten democracy.  MEDIA RELATED RIGHTS The first right for journalists is freedom of expression, as outlined in Section 13(3)(c) of the Jamaican Constitution. This provision allows journalists to share opinions, report on controversial topics, and hold those in power accountable without undue interference. For instance, investigative journalism, which often challenges powerful institutions, thrives under this protection. However, this right is not unlimited. It is constrained by laws against libel, hate speech, and other forms of harmful expression. This balance ensures that media practitioners exercise their rights responsibly while safeguarding the dignity and safety of others. Section 13(3)(d) of the Constitution protects the right to seek, receive, and disseminate information through any media platform. This provision underscores the importance of access to information in fostering a transparent and informed society. Journalists rely on this right to investigate and report stories that might otherwise remain hidden from public view. However, they must maintain high standards of accuracy and integrity, ensuring that the information they distribute respects the privacy of individuals and the broader public interest.  CASE WHERE FREEDOM OF EXPRESSION RIGHT WAS EXERCISED The Petrojam scandal involved allegations of mismanagement and misuse of funds at Jamaica's state-owned oil refinery, Petrojam, in 2018. Investigations revealed issues such as excessive spending on overseas travel, unauthorized bonuses, and unaccounted expenditures on lavish parties and gifts. The Integrity Commission's report highlighted systemic governance failures. The Jamaican media covered these developments extensively, ensuring public awareness and demanding accountability. Media houses faced no legal penalties, as they were simply exercising their right to share and report on controversial topics. ARTICLE (NOT THE FIRST ARTICLE PUBLISHED)  MEDIA RELATED RIGHTS While the media operates with significant freedoms, these are tempered by the public’s right to privacy, as stated in Section 13(3)(j). Journalists must avoid unnecessary intrusions into personal lives or publishing private information without justification. This becomes particularly relevant when reporting on sensitive issues or high-profile individuals. Balancing the public's right to know with respect for personal privacy is one of the most challenging ethical dilemmas faced by media practitioners. Media practitioners are also guided by Section 13(3)(i), which prohibits discrimination based on race, gender, religion, or political beliefs. This provision promotes fair and balanced reporting, requiring journalists to avoid content that perpetuates stereotypes or biases. For example, reporting on minority groups must be handled with sensitivity and fairness to ensure inclusivity and respect for diversity. COURT CASE CLAIMING PRIVACY BREACH COURT CASE CLAIMING PRIVACY BREACH COURT CASE CLAIMING PRIVACY BREACH  MEDIA RELATED RIGHTS Journalists rely on the rights to peaceful assembly (Section 13(3)(e) and freedom of movement (Section 13(3)(g) to perform their duties effectively. These provisions allow them to cover protests, demonstrations, and other public events. However, these rights also come with limitations; for instance, journalists must avoid disrupting lawful gatherings or trespassing on private property during their coverage. In legal reporting, the right to a fair trial and due process (Section 13(3)(l) is paramount. Media practitioners must ensure their coverage of court proceedings is accurate and does not prejudice ongoing cases. Though they play a critical role in informing the public about judicial matters, they must do so without compromising the fairness or integrity of the legal process. The Gleaner’s coverage of a 2021 anti-vaccine protest  MEDIA RELATED RIGHTS Media practitioners also benefit from protections under Section 13(3)(k), which safeguards property rights, including intellectual property. This provision ensures that journalists, photographers, and other creators are protected from the unauthorized use of their work. At the same time, media organizations must respect the intellectual property rights of others, such as when sourcing material for publication. While the Constitution provides significant protections for media practitioners, it also requires them to navigate a complex web of ethical and legal responsibilities. For example, the Defamation Act, the Broadcasting Commission guidelines, and the Cybercrimes Act impose additional regulations to ensure accountability and professionalism. These laws address issues such as misinformation, cyberbullying, and inappropriate content, ensuring that media freedom is exercised responsibly.  CASE #1 The case of Andre De La Motta v. Radio Jamaica Limited and RadioJamaica revolved around claims of defamation and negligence. The court primarily addressed whether the claims were filed within the statute of limitations and whether the claim for constitutional relief was appropriate. The court ruled to strike out certain claims as they were statute-barred, meaning they were filed after the legal time limit for bringing such actions had expired. For example, the defamation claim, based on an article published online in 2007, was filed 13 years later in 2020, far exceeding the two-year limitation period under the Defamation Act. Additionally, the court determined that constitutional remedies could not be pursued when other legal remedies, such as defamation law, were sufficient to address the issue. Ultimately, the court emphasized the need for adherence to legal timelines and proper procedures, and much of Mr. De La Motta's claim was dismissed on these grounds. CASE #1 CASE #1  CASE #2 Background: Andrew Gordon and Micheal Dixon filed a defamation claim against several media houses, including Radio Jamaica Limited, The Gleaner Company (Media) Limited, Television Jamaica Limited, and the Jamaica Observer. The claim related to statements he alleged were defamatory. The main contention in the case was whether Gordon’s claim was filed within the legally allowed timeframe under Jamaica's Defamation Act. He sought an extension to file the claim after the expiration of the limitation period. Court Ruling: The Jamaican Supreme Court dismissed Gordon's request for an extension. The court emphasized that the law sets strict time limits for filing defamation claims to ensure fairness and that Gordon failed to provide sufficient justification for the delay. This procedural ruling effectively favored the media houses, as the case could not proceed to trial. Who Won: The media houses, including Radio Jamaica Limited, won the case. The court ruled against Andrew Gordon due to his failure to meet the procedural requirements.. CASE #2 CASE #2 CASE #2 References New FLA fallout - Two senior staff members axed as MOCA probes 257 suspect firearm licences. (2017, August 23). Lead Stories | Jamaica Gleaner. https://jamaica-gleaner.com/article/lead-stories/20170823/new-fla-fallout-two-senior-staff-members-axed-moca-probes-257- suspect Two senior FLA employees dismissed amid major corruption probe. (2017, August 23). Lead Stories | Jamaica Gleaner. https://jamaica- gleaner.com/article/lead-stories/20170822/two-senior-fla-employees-dismissed-amid-major-corruption-probe Constable In Car Stealing Ring Could Be Charged. (n.d.). http://www.radiojamaicanewsonline.com. https://radiojamaicanewsonline.com/local/constable-in-car-stealing-ring-could-be-charged Leon-Issa’s privacy fight to continue. (2023, September 30). Lead Stories | Jamaica Gleaner. https://jamaica-gleaner.com/article/lead- stories/20230930/leon-issas-privacy-fight-continue Leon-Issa, mom of slain 9-y-o, hands over access code to phone. (2023, September 29). Jamaica Observer. https://www.jamaicaobserver.com/2023/09/29/leon-issa-mom-of-slain-9-y-o-hands-over-access-code-to-phone/ Holness headache - Petrojam scandal resurfaces with force as Wheatley labelled ‘dishonest’ in report. (2020, July 1). Lead Stories | Jamaica Gleaner. https://jamaica-gleaner.com/article/lead-stories/20200701/holness-headache-petrojam-scandal-resurfaces-force-wheatley- labelled Judgments | Supreme Court. (n.d.). https://www.supremecourt.gov.jm/content/judgments  ? QUESTIONS ?