Senators warn: Stalking Bill could hurt media

Is freedom of the press under attack or not? One Senator certainly believes that this may be the case if the proposed amendment to the Offences Against the Person (Harassment) Bill 2004 becomes law. Opposition Senator Robin Montano raised this concern during debate on the Bill in the Senate yesterday. The Bill seeks to create the offences of harassment and putting a person in fear of violence. It outlines conduct such as following, making visual recordings of, accosting, watching, loitering near, interfering with the property of that person, telephoning or giving offensive material to that person on more than one occasion, to be harassment, and in extreme circumstances, putting a person in fear of violence.

Montano, in his response to National Security Minister Martin Joseph’s second reading of the Bill, stated that “the  press would be the ones who suffer the most.” He  explained that “either the press will become more afraid to pursue allegations of corruption, or more of their numbers are going to be locked up.” He illustrated his fears using a hypothetical situation where a journalist and photographer investigating reports of a corrupt minister may find themselves arrested on the order of the minister, for harassment. He also said that “we cannot give more power to a Police Service subject to political control.” Montano said that this legislation would work effectively in a developed state like the United Kingdom, where the population has confidence in the independence of the police service. He said he believed however, that Trinidad and Tobago’s Police Service is subjected to significant elements of political influence, and the police could use the Act to discourage media investigations into allegations of corruption.

Montano said he recognised that section 30C of the proposed amendment provided a defence for persons charged with the offences, if they can show  their conduct was pursued in order to prevent or detect crime, to comply with any law or, in the particular circumstances, the pursuit of his conduct was reasonable. However he asserted that the burden of proof would be on the journalist, who would have to spend lots of money to retain a lawyer and go to court to defend himself. Other reporters, he noted, may shy away from investigative journalism for fear of prosecution under the Act. Independent Senator Ramesh Deosaran concurred with Montano’s concerns, and suggested that some attempt, either through legislation or assurances from the Attorney General, be formulated to prevent the potential abuse of the Act. Yesterday some experts said that the TT Constitution recognises freedom of the press as an enshrined right,  and any legislation that would interfere with this protected right could be deemed unconstitutional and would need a special majority.