Dear BP,
In March 2018, a Tribune Editorial noted that “THE words uttered by the erstwhile hard-working, well-meaning Attorney General Carl Bethel this week ‘free speech has limits’ should have sent chills up and down the spine of every Bahamian citizen or individual resident in this country”.
No one will dispute the right of all Bahamian citizens to free speech; the constitution guarantees it. The AG at the time was correct despite what the Tribune says.
It seems to me, however, that many people genuinely believe that they can create, post, or repost some of the most vile, vicious, and nasty things against private and public people without incurring any liability. Given the readily available software to track these miscreants and the apparent lack of action by the relevant authorities, this may remain the case.
Not only are many of these posts and reposts Libelous and Defamatory, but a recent post may rise to the level of Sedition. Let’s dig into these.
When someone publishes untrue material online that adversely affects another person’s reputation, they could be found liable for defamation. Libel refers to more permanent forms of publication. Examples include written publications in newspapers, within emails, and on social networking sites, such as Facebook, LinkedIn, X (formerly Twitter), Threads, or on discussion forum sites, such as Reddit or Quora.
Libel also includes broadcast content, and, therefore, posts contained in short-form video-based social media, such as TikTok, Instagram Reels, YouTube Shorts, and Snapchat, can all be subject to a defamation claim.
So, if you post the truth, you have a defence. But if you cobble together a bunch of lies, untruths and personal attacks, and photographs of voters’ cards held together with sticking tape, you may get a visit from the authorities. When you may ask, do your intemperate attacks on the Bahamas and its institutions, those nasty, abusive attacks forwarded by you after being created by some monster in jockeys or thongs in a dark room more interested in getting “likes” rise to the level of sedition?
Specifically, when do posts and reposts designed to cause public strife, attack public entities and institutions, create community tension, and make Bahamians view our institutions with suspicion and rise to this level?
Let us look at what constitutes seditious speech, especially in the context of a viral post purported to be about a foreign national possessing a Bahamian Passport and voter card.
· Definition: Sedition includes any speech, writing, or action that incites discontent or rebellion against the government.
· Legal Framework: The Penal Code outlines the specific actions and speech that can be considered seditious. This includes any attempt to provoke hatred or contempt or to excite disaffection against the government.
· Limitations: Freedom of speech is protected under the Bahamian Constitution but not absolute. There are limitations to ensure that speech does not harm national security, public order, or the rights of others.
The post under discussion has ticked all the boxes, morphing from free speech into possible seditious speech.
My firm advice is for Bahamians to stop aiding and abetting this type of destructive behavior or face the consequences for their actions. The law makes no distinction between the creator of the mischief and the reposters.
Sincerely,
Michael J. Brown
