NASSAU- Self-styled activist Omar Archer is still facing up to two years in prison after the Court of Appeal upheld the constitutionality of the criminal libel law.
Archer was arrested in 2015 over a post on his Facebook page in which he claimed someone had AIDS.
Archer’s legal team have argued that the law violates the right to freedom of expression. They also say that defamation is a civil wrong, and offenders shouldn’t have to face the possibility of prison time.
But a civil remedy would be of little benefit, if the defendant in a civil suit lacks the means to pay.
Court of Appeal President Sir Michael said: “We live in an era when social media permits the most false, scandalous and defamatory of allegations to be made and then distributed and published widely in a matter of minutes or indeed seconds.
“Where these allegations are calculated and intended to destroy the reputations of persons, the criminal law must be able to provide a sanction rather than leave a victim to a civil claim for damages which may be worthless.”
Archer challenged the constitutionality of the criminal libel after he was called upon to present a defense in his case.
The prosecution has presented medical evidence that showed Archer’s claim was a malicious lie.
Archer broke both legs in May 2015 when he jumped from a window of the South Street Magistrates’ Complex while evading arrest for the same matter.
Basil Cumberbatch and Franklyn Williams appeared for the Crown.
Fred Smith QC represented Archer.
