Trinidad and Tobago

 CountryType of Law 
 
 

Criminal Defamation

Defamation is a criminal offence in Trinidad and Tobago (punishable with imprisonment).

The following are criminal offences under the Libel and Defamation Act, which dates back to 1845.

Malicious false defamatory libel (Art. 8), punishable with imprisonment for up to two years.

 

Criminal Defamation of Public Officials

Provisions on the books (seditious libel).

Seditious libel is a criminal offence in Trinidad and Tobago under the Sedition Act.

According to the Act, any person who:

•  commits or prepares to commit an act with a seditious intention;
•  communicates any statement having a seditious intention
•  prints, publishes, sells, offers for sale, distributes or reproduces any seditious publication; or
•  knowingly imports, or has in possession with the intent to distribute, a seditious publication

faces, upon first offence, imprisonment for up to two years and a fine of $3,000. Subsequent offenders face imprisonment for up to five years and a fine of $20,000.

Seditious intention is defined in the Act as an intention:

a. to bring into hatred or contempt, or to excite disaffection against Government or the Constitution as by law established or the House of Representatives or the Senate or the administration of justice; or
b. to excite any person to attempt, otherwise than by lawful means, to procure the alteration of any matter in the State by law established; or
c. to raise discontent or disaffection amongst inhabitants of Trinidad and Tobago; or
d. to engender or promote— (i) feelings of ill-will or hostility between one or more sections of the community on the one hand and any other section or sections of the community on the other hand; or (ii) feelings of ill-will towards, hostility to or contempt for any class of inhabitants of Trinidad and Tobago distinguished by race, colour, religion, profession, calling or employment; or
e. to advocate or promote, with intent to destroy in whole or in part any identifiable group, the commission of any of the following acts, namely: (i) killing members of the group; or (ii) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction.

Newspapers convicted of publishing seditious material may be suspended from any further publication (Art. 6).

Seditious libel is further mentioned as an offence in Art. 5 of the Criminal Offences Act, punishable with imprisonment for up to two years.

 

Criminal Defamation of the Head of State

Provisions on the books (seditious libel).

Seditious libel is a criminal offence in Trinidad and Tobago under the Sedition Act.

According to the Act, any person who:

•  commits or prepares to commit an act with a seditious intention;
•  communicates any statement having a seditious intention
•  prints, publishes, sells, offers for sale, distributes or reproduces any seditious publication; or
•  knowingly imports, or has in possession with the intent to distribute, a seditious publication

faces, upon first offence, imprisonment for up to two years and a fine of $3,000. Subsequent offenders face imprisonment for up to five years and a fine of $20,000.

Seditious intention is defined in the Act as an intention:

a. to bring into hatred or contempt, or to excite disaffection against Government or the Constitution as by law established or the House of Representatives or the Senate or the administration of justice; or
b. to excite any person to attempt, otherwise than by lawful means, to procure the alteration of any matter in the State by law established; or
c. to raise discontent or disaffection amongst inhabitants of Trinidad and Tobago; or
d. to engender or promote— (i) feelings of ill-will or hostility between one or more sections of the community on the one hand and any other section or sections of the community on the other hand; or (ii) feelings of ill-will towards, hostility to or contempt for any class of inhabitants of Trinidad and Tobago distinguished by race, colour, religion, profession, calling or employment; or
e. to advocate or promote, with intent to destroy in whole or in part any identifiable group, the commission of any of the following acts, namely: (i) killing members of the group; or (ii) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction.

Newspapers convicted of publishing seditious material may be suspended from any further publication (Art. 6).

Seditious libel is further mentioned as an offence in Art. 5 of the Criminal Offences Act, punishable with imprisonment for up to two years.

 

Criminal Defamation of the State and its Symbols

Provisions on the books (seditious libel).

Seditious libel is a criminal offence in Trinidad and Tobago under the Sedition Act.

According to the Act, any person who:

•  commits or prepares to commit an act with a seditious intention;
•  communicates any statement having a seditious intention
•  prints, publishes, sells, offers for sale, distributes or reproduces any seditious publication; or
•  knowingly imports, or has in possession with the intent to distribute, a seditious publication

faces, upon first offence, imprisonment for up to two years and a fine of $3,000. Subsequent offenders face imprisonment for up to five years and a fine of $20,000.

Seditious intention is defined in the Act as an intention:

a. to bring into hatred or contempt, or to excite disaffection against Government or the Constitution as by law established or the House of Representatives or the Senate or the administration of justice; or
b. to excite any person to attempt, otherwise than by lawful means, to procure the alteration of any matter in the State by law established; or
c. to raise discontent or disaffection amongst inhabitants of Trinidad and Tobago; or
d. to engender or promote— (i) feelings of ill-will or hostility between one or more sections of the community on the one hand and any other section or sections of the community on the other hand; or (ii) feelings of ill-will towards, hostility to or contempt for any class of inhabitants of Trinidad and Tobago distinguished by race, colour, religion, profession, calling or employment; or
e. to advocate or promote, with intent to destroy in whole or in part any identifiable group, the commission of any of the following acts, namely: (i) killing members of the group; or (ii) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction.

Newspapers convicted of publishing seditious material may be suspended from any further publication (Art. 6).

Seditious libel is further mentioned as an offence in Art. 5 of the Criminal Offences Act, punishable with imprisonment for up to two years.

 

Criminal Defamation of Foreign States and Symbols

No provisions.

 

Criminal Defamation of the Deceased

No provisions.

 

Criminal Blasphemy

Provisions on the books.

Blasphemous libel is a criminal offence under Art. 5 of the Criminal Offences Act. The punishment is imprisonment for up to two years.

 

Other Relevant Criminal Offences

Criminal Procedure

Statistics on Application

Civil Defamation

It should be noted that the Libel and Slander Act, which is relevant to civil actions for defamation in Trinidad and Tobago, dates back to 1845. It has been amended on several occasions, most recently in 2014.

The Act contains archaic provisions in imputing unchastity to women. In terms of statutory defences, the Act offers a plea of truth (justification), as well as weak defences of privilege. The publication of defamatory fair and accurate reports of the proceedings of public meetings for example is liable if the publication was made with malice.

 

Media Cases and Case Law

Recent Legal Changes

Notes

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 Trinidad and Tobago was last updated in 2014.

 

 

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