Defamation remains a criminal offence in the Bahamas (punishable with imprisonment).

Negligent libel is an offence under Art. 315 of the Penal Code of the Bahamas. The punishment is imprisonment for up to six months.

Intentional libel is also an offence under Art. 315. The punishment is imprisonment for up to two years.

Art. 316 states that a person is guilty of libel §who, by print, writing, painting, effigy or by any means otherwise than solely by gestures, spoken words, or other sounds, unlawfully publishes any defamatory matter concerning another person, either negligently or with intent to defame that other person.”

Under Art. 317, “defamatory matter” is defined as that “which imputes to a person any crime or misconduct in any public office, or which is likely to injure him in his occupation, calling or office, or to expose him to general hatred, contempt or ridicule.”

Provisions on the books (seditious libel).

Seditious libel is a criminal offence under Arts. 395-397 of the Penal Code of the Bahamas.

According to the Act (Art. 396), any person who:

•  commits or prepares to commit an act with a seditious intention;
•  utters any seditious words;
•  prints, publishes, sells, offers for sale, distributes or reproduces any seditious publication; or
•  knowingly imports a seditious publication

faces, upon first offence, imprisonment for up to two years and/or a fine of $1,000. Subsequent offenders face imprisonment for up to three years.

Seditious intention is defined in the Act (Art. 395) as an intention:

i. to bring into hatred or contempt or to excite disaffection against the person of Her Majesty, Her heirs or successors, or the Government of the Bahamas as by law established; or
ii. to excite Her Majesty’s subjects or inhabitants of the Bahamas to attempt to procure the alteration, otherwise than by lawful means, of any other matter in the Bahamas as by law established; or
iii. to bring into hatred or contempt or to excite disaffection against the administration of justice in the Bahamas; or
iv. to raise discontent or disaffection amongst Her Majesty’s subjects or inhabitants of Antigua and Barbuda; or
v. to promote feelings of ill-will and hostility between different classes of the population of Antigua and Barbuda.

The possession of seditious publications is punishable, upon first offence, with imprisonment for up to one year of a fine of $1,000. Subsequent offenders face imprisonment with or without hard labour for up to two years (Art. 397).

Provisions on the books (seditious libel).

Seditious libel is a criminal offence under Arts. 395-397 of the Penal Code of the Bahamas.

According to the Act (Art. 396), any person who:

•  commits or prepares to commit an act with a seditious intention;
•  utters any seditious words;
•  prints, publishes, sells, offers for sale, distributes or reproduces any seditious publication; or
•  knowingly imports a seditious publication

faces, upon first offence, imprisonment for up to two years and/or a fine of $1,000. Subsequent offenders face imprisonment for up to three years.

Seditious intention is defined in the Act (Art. 395) as an intention:

i. to bring into hatred or contempt or to excite disaffection against the person of Her Majesty, Her heirs or successors, or the Government of the Bahamas as by law established; or
ii. to excite Her Majesty’s subjects or inhabitants of the Bahamas to attempt to procure the alteration, otherwise than by lawful means, of any other matter in the Bahamas as by law established; or
iii. to bring into hatred or contempt or to excite disaffection against the administration of justice in the Bahamas; or
iv. to raise discontent or disaffection amongst Her Majesty’s subjects or inhabitants of the Bahamas.

The possession of seditious publications is punishable, upon first offence, with imprisonment for up to one year of a fine of $1,000. Subsequent offenders face imprisonment with or without hard labour for up to two years (Art. 397).

Provisions on the books (seditious libel).

Seditious libel is a criminal offence under Arts. 395-397 of the Penal Code of the Bahamas.

According to the Act (Art. 396), any person who:

•  commits or prepares to commit an act with a seditious intention;
•  utters any seditious words;
•  prints, publishes, sells, offers for sale, distributes or reproduces any seditious publication; or
•  knowingly imports a seditious publication

faces, upon first offence, imprisonment for up to two years and/or a fine of $1,000. Subsequent offenders face imprisonment for up to three years.

Seditious intention is defined in the Act (Art. 395) as an intention:

i. to bring into hatred or contempt or to excite disaffection against the person of Her Majesty, Her heirs or successors, or the Government of the Bahamas as by law established; or
ii. to excite Her Majesty’s subjects or inhabitants of the Bahamas to attempt to procure the alteration, otherwise than by lawful means, of any other matter in the Bahamas as by law established; or
iii. to bring into hatred or contempt or to excite disaffection against the administration of justice in the Bahamas; or
iv. to raise discontent or disaffection amongst Her Majesty’s subjects or inhabitants of the Bahamas.

The possession of seditious publications is punishable, upon first offence, with imprisonment for up to one year of a fine of $1,000. Subsequent offenders face imprisonment with or without hard labour for up to two years (Art. 397).

No provisions.

No provisions.

Provisions on the books.

The publication or sale of obscene or blasphemous content is a criminal offence under Art. 489 of the Penal Code of the Bahamas. The punishment is imprisonment for up to two years.

Obscene libel

The publication or sale of obscene or blasphemous content is a criminal offence under Art. 489 of the Penal Code of the Bahamas. The punishment is imprisonment for up to two years.

False news

Publishing false news with intent to cause public disturbance is a criminal offence under Art. 498 of the Penal Code. No punishment is specified; the offence is classified as a misdemeanour.

The information contained in this database is for informational and advocacy purposes only. If you are a journalist facing a defamation claim, you should seek legal advice from a qualified attorney. However, if you are unable to find such an attorney, IPI may be able to assist you in doing so. Please contact us at ipi[at]freemedia.at.

Information on the Bahamas was last updated in September 2015.