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Proposed Criminalisation of Libel and Potential Effects on Free Speech

Event Summary

On 25 November 2025, speaking in the House of Parliament, Marlene Malahoo Forte, Jamaica’s former Minister of Legal and Constitutional Affairs and current Member of Parliament, called for Parliament to consider reinstating criminal libel as an offense. Speaking on Radio Jamaica’s Beyond the Headlines programme, she highlighted rising incidents of online bullying, harassment, stalking, and defamatory attacks on social media as justification for stronger sanctions. Criminal libel, which allowed for imprisonment for defamatory statements, was repealed in Jamaica in 2013 under the Defamation Act to align with international standards on freedom of expression. Malahoo Forte emphasized that her proposal does not aim to stifle free speech but to address “reckless conduct” in the digital age, urging a national conversation on reviewing defamation laws. The announcement sparked immediate backlash from media figures and organizations, including the Media Association of Jamaica, who argued it could chill journalistic freedom and enable state overreach. Jamaicans for Justice and other prominent individuals have rejected the idea, stating it breaches constitutional rights. No formal bill has been tabled or even suggested for tabling, but Malahoo Forte has pushed for parliamentary debate on the matter.

 

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