Supreme Court ruling against newspaper sparks debate on press freedom as Jamaica slips in RSF global index; Protest held to denounce rise in police abuses

General

Civil society denounces human rights violations against Haitian asylum seekers amid legal void

In May 2025, several civil society organisations, including Stand Up for Jamaica, condemned the authorities’ treatment of Haitian nationals arriving on the island. Groups reported cases of forced returns, denial of legal representation, and the detention of families in inadequate conditions. Lawyers representing Haitian asylum seekers said they had been prevented from visiting their clients.

These reports echoed concerns raised a month earlier by the UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, in its April 2025 Concluding Observations on Jamaica (CMW/C/JAM/CO/1-2). The Committee criticised the government’s continued reliance on outdated, colonial-era laws that criminalise irregular migration and fail to guarantee due process. It also highlighted the absence of a legislative framework to protect refugees and asylum-seekers or to regularise the status of irregular migrants.

Expression

Judgment reinforces journalistic responsibility amid fears of chilling effect on media

On 26th February 2025, the Supreme Court of Jamaica (Civil Division) ruled in favour of Richard Creary, former Mayor of Port Maria and member of the Jamaica Labour Party, in a defamation case against The Gleaner Company (Media) Limited. The court held that the newspaper failed to meet standards of responsible journalism by not verifying information or issuing a full retraction despite an Integrity Commission apology acknowledging its error.

The judgment concerned a 1st July 2020 article titled “Web of Corruption?”, which summarised two Integrity Commission parliamentary investigation reports on Petrojam Limited, Jamaica’s state-owned oil refinery. The published piece listed six people under the subheading “Key Enablers?”, including Creary, and described his involvement in a recruitment panel as “irregular”.

The Integrity Commission later issued a public apology on 13th July 2020, admitting that Creary had been wrongly identified as part of the panel. Despite this correction, The Gleaner did not publish a full retraction. Creary subsequently filed a claim, alleging that the article falsely implied he was complicit in corruption and had caused serious harm to his reputation. He argued that the newspaper reproduced factual errors without verification and published his response only in part.

The Gleaner admitted publication but denied defamation, invoking qualified privilege, fair comment, and protections under the Defamation Act 2013 and the Integrity Commission Act. Its reporter testified that the article had been compiled directly from parliamentary reports and that time constraints prevented verification or contact with the claimant.

Justice Wint-Blair found that the article’s wording, particularly the headline and caption, would lead a reasonable reader to infer dishonesty or guilt by association. The court emphasised that journalists must verify information even when relying on official or parliamentary sources. It ruled that The Gleaner failed to meet the standard of responsible journalism set out in Reynolds v Times Newspapers Ltd and Bonnick v Morris, noting that urgency or competition did not justify omitting verification or balance.

The court held that the publication was defamatory and that the defences of fair comment and qualified privilege failed. Although no evidence of malice was established, the paper’s failure to verify information or apologise showed disregard for journalistic duty. Creary was awarded JMD 10 million (approximately USD 65,000) in damages. The court also granted an injunction restraining The Gleaner from republishing his name in connection with the 2020 article and ordered costs in his favour.

The ruling reinforces that freedom of expression in Jamaica, protected under the Charter of Fundamental Rights and Freedoms, carries responsibilities. It clarifies that media outlets reporting on matters of public interest must balance this freedom with accuracy, fairness, and respect for reputation. The decision underscores the judiciary’s expectation of verification and accountability, even when journalists rely on institutional or parliamentary sources.

However, the Press Association of Jamaica (PAJ) expressed concern that the decision may narrow the scope of qualified privilege, a long-standing protection allowing journalists to report fairly on parliamentary proceedings without fear of litigation. The association warned that the ruling “sends a chilling message to all journalists engaged in parliamentary reporting” and risks undermining the media’s watchdog function. The PAJ also highlighted legal gaps affecting press freedom, including delays in reforming the Access to Information Act, which governs public access to official data.

Likewise, on 17th April 2025, lawyer and media commentator Dionne Jackson Miller dissected the ruling and called for a balanced approach that protects individuals from libel but also safeguards robust investigative reporting.

Warns of backsliding as Jamaica falls in global index

On 22nd May 2025, the PAJ voiced concern after the country fell two places in the 2025 World Press Freedom Index, ranking 26th globally, down from 24th in 2024. The index, compiled by Reporters Without Borders (RSF), noted that Jamaica remains the second highest-ranked Caribbean nation but has shown a steady decline since reaching sixth place in 2020.

The PAJ described the downward trend as a “wake-up call”, urging the authorities to address growing threats to media independence and legal protections. It partly attributed the decline to the recent Supreme Court ruling in Creary v The Gleaner Company (Media) Ltd, warning that the judgment could discourage parliamentary reporting and have a chilling effect on press freedom (see above).

The association also criticised delays in reforming the Access to Information Act. It described the lack of progress as a major structural weakness undermining transparency and accountability. The PAJ urged the government to table and debate revised legislation, strengthen institutional compliance, and introduce sanctions for unjustified refusals or delays.

Beyond legal reforms, the organisation highlighted broader pressures on independent journalism, including media concentration, financial dependence on state and corporate advertising, and the influence of politically affiliated online outlets.

The government responded to the 2025 World Press Freedom Index by reaffirming its commitment to press freedom, citing Jamaica’s long-standing tradition of media plurality and the absence of journalist detentions or fatalities. The Ministry of Information also pointed to ongoing efforts to improve transparency through post-Cabinet press briefings, fact-checking initiatives, and the promotion of digital literacy.

LGBTQ+ organisation condemns minister for endorsing homophobic song during political rally

On 25th May 2025, the Equality for All Foundation (EFAF), a leading LGBTQ+ advocacy organisation, condemned Cabinet Minister and Member of Parliament Daryl Vaz for endorsing the playing of a homophobic song at a political rally. EFAF’s Executive Director, Glenroy Murray, said the episode marked a regression in campaign standards, noting that politicians from both major parties have continued to use “homophobic dog whistles” despite earlier commitments to maintain respectful discourse: “In the last election, both parties declared that homophobia was unacceptable on the campaign trail.”

The organisation called on Minister Vaz to issue a public apology and urged the Office of the Political Ombudsman and party leaders to reaffirm that discriminatory speech or music has no place in national politics.

Peaceful Assembly

Between April and June 2025, several peaceful assemblies took place, including demonstrations led by Jamaicans for Justice against police killings, industrial action by water commission workers, and national protests against violence against women.

Hundreds protest police killings amid rising concern over human rights abuses

On 29th April 2025, over 100 people peacefully protested outside the Half-Way Tree Transportation Centre in St. Andrew, denouncing extra-judicial killings and ongoing police misconduct by members of the Jamaica Constabulary Force. The protest was led by the human rights organisation Jamaicans for Justice (JFJ).

JFJ’s executive Director, Mickel Jackson, emphasised that the demonstration was not anti-police, but rather a call to end impunity among “rogue officers” who violate procedures and use lethal force unjustifiably. Jackson urged authorities to ensure that body cameras are worn during all police–citizen interactions to improve transparency and rebuild public trust.

Days later, JFJ raised safety concerns after the head of the Jamaica Police Federation allegedly accused the organisation of failing to recognise police efforts to reduce crime and labelled it a “true terrorist” if it did not support a planned protest against police killings. Jackson condemned the remarks as “baseless, inappropriate and reckless”, warning that they could incite threats against the organisation.

The protest came after the Independent Commission of Investigations reported 111 killings by police between January and April 2025, more than double the figure for the same period last year. While officials credit tough anti-gang operations for a historic drop in homicides, civil society has warned that aggressive policing and repeated states of emergency have eroded human rights. According to ACLED, the number of clashes involving law enforcement and their fatality rates reached their highest level since 2018.

On 16th May 2025, the Supreme Court ruled that successive states of emergency (SOPEs) imposed between January 2018 and February 2023 were unconstitutional, finding that they were not made for any legitimate purpose under section 20 of the Jamaican Constitution, nor were they demonstrably justified in a free and democratic society. The Court affirmed that the executive’s practice of renewing SOPEs without parliamentary approval breached the doctrine of separation of powers and circumvented constitutional safeguards.

Workers demand fair pay and recognition in water sector labour action

On 22nd April 2025, dozens of maintenance technicians at the National Water Commission (NWC) took industrial action to protest reclassification and salary placements. The action reportedly disrupted water distribution in some sections of the island, with the water company having to distribute truck-borne water to affected customers. However, Minister without Portfolio in the Ministry of Economic Growth and Job Creation, Matthew Samuda, said the action was “not in good order” and may have been in breach of protocol.

Opposition launches “Rescue Jamaica” campaign and protests appointment of top financial investigator

On 11th June 2025, Jamaica’s opposition party, the People’s National Party (PNP), launched a “Rescue Jamaica” campaign that rallied not just party supporters but also civil society allies under shared anti-corruption and pro-democracy themes. The initiative marked a renewed effort by the PNP to position itself as a defender of integrity and transparency in public life, amid growing public concern over governance standards.

As part of the campaign, the PNP also staged protests in response to what they described as the unqualified appointment of Dennis Chung as chief technical director of the Financial Investigations Division (FID). The FID is a specialised law enforcement agency in the Ministry of Finance and the Public Service. It is responsible for investigating financial crimes such as corruption and illicit enrichment.

Violence against women sparks protests

On 19th May 2025, nurses and allied health workers staged coordinated protests in Kingston and Montego Bay, after a woman nurse was brutally assaulted in a road-rage incident. Hundreds of uniformed workers marched, carrying signs and chanting “enough is enough” to demand justice and an end to violence against healthcare staff and women. Other protests took place on the same day in response to the repeated incidents of violence against women.