Rodney Campbell v Jamaica Observer Ltd and Chester Francis-Jackson

• Jurisdiction: Jamaica
• Judge: MANGATAL, J.
• Judgment Date: 09 June 2005
• Judgment citation (vLex): [2005] 6 JJC 0901
• Court: Supreme Court (Jamaica)
• Date: 09 June 2005

IN THE SUPREME COURT OF JUDICATURE OF JAMACIA

IN COMMON LAW

BBETWEEN

RODNEY CAMPBELL

CLAIMANT

AND

THE JAMAICA OBSERVER LIMITED

1 ^ST DEFENDANT

AND

CHESTER FRANCIS-JACKSON

2 ^ND DEFENDANT

Miss C. Brown instructed by Vacianna & Whittingham for the Claimant.

Miss M. Brown instructed by Brown-Hamilton & Associates for the Defendants.

DEFAMATION -

MANGATAL, J

1 This matter came on for damages to be assessed on the 20 ^th of April, 2005. The Claim is to recover damages in respect of a libellous article written and published in a column headed "Social Lives" in the Sunday Observer Newspaper dated September 1, 2002. The First Defendant is the publisher of the newspaper and the Second Defendant is the journalist named in the by-line of the article.

2 Although the Defendants had originally filed a Defence, an Amended Defence, and sought the court's leave to file a Further Amended Defence, at a Case Management Conference on December 21, 2004, an order was made granting the Claimant's application striking out the Amended Defence and entering Judgment against the Defendants with damages to be assessed. I shall revert to these Statements of Case, earlier proceedings and the general conduct of the case by the Defendants later on in this Judgment when I deal with the claim for aggravated damages.

3 The Claimant, Rodney Campbell, gave evidence that he is a Broadcaster with the R.J.R. Communications Group. He is a Public Relations Practitioner and he also does speech writing. He hosts and co-ordinates different events and he is an actor both in theatre and on local television. He hosts a talk show titled "Uncensored" which takes place on R.J.R. radio station between 9:00 p.m. - 10:00 p.m. every Monday night and twice per week he plays music as a disc jockey between midnight and 5:00 a.m. on R.J.R. radio station. He currently appears in the local television series "Royal Palm Estates" and he has appeared in a number of theatrical productions namely "Love and Marriage" in New York City, "Dis ting, Dat ting" and "Sweet Country Love". Mr. Campbell also has written speeches for Members of Parliament, Senators, and other persons in the business community when those persons have speaking engagements. He assists with press releases as part of the Public Relations coverage of these events.

4 The offending article, which was admitted as exhibit one, covers a number of different social events and personalities including a function at the Hedonism III Resort, Runaway Bay celebrating the appointment of the Resorts' new resident Manager Brian Sang. I have looked at all of the words in the article describing the events at Hedonism III so as to read the pleaded offending words in context. In describing the event at Hedonism III, the article uses the following words expressly touching and concerning Mr. Campbell:

"But the show- stopper for many of the national who attended was the poetry reading in the nude by sometime actor/radio personality Rodney Campbell at the au natural beach and outdoor Jacuzzi on Saturday, as he thrilled and trilled the audience with his prose and form."

5 Mr. Campbell's evidence was that when he first read the article he was exceedingly angry and embarrassed because of the falsehood of the article and its implications and suggestions. Added to that were his own personal feelings about how and what the article said about his own personal integrity and standing. He said that he was treated with anger and hostility from some persons who claimed to have read the publication. Mr. Campbell said he was also greatly humiliated by several persons who felt it was "a great joke" in light of the image that he had portrayed to them.

6 Mr. Campbell claimed that his employers were absolutely upset, "to put it nicely", and, Mr. Campbell says they even gave him a strongly worded letter because they found that the kind of behaviour described in the article did not go well with Mr. Campbell's image or their own.

7 Mr. Campbell's son who was about fourteen at the time faced a lot of ridicule as well because of the article. Persons at the son's school who had previously looked up to Mr. Campbell jeered Mr. Campbell's son about it. For several months the whole episode caused a very serious divide between Mr. Campbell and his son because to this day his son expresses the view that if it appears in the Observer, a supposedly reliable and accurate newspaper, then it must be true.

8 In cross-examination Mr. Campbell indicated that most of his coworkers at R.J.R. Group expressed the sentiments described by him and that there were also persons who called in to his Radio Show and ridiculed him. Mr. Campbell revealed that he was invited to a G2K Event, an event involving the youth arm of the Jamaica Labour Party, one of the two major political parties in Jamaica. The G2K Group consists of young vibrant professionals. That group put him on the stand and ridiculed him.

9 Mr. Campbell also claimed that he lost contracts as a result of the article. He claimed that he was contracted by Dairy Industries Limited to do Children's programmes with them. He did several programmes with them but he was contracted to do one, which he did not get to do. It was explained to him that the reason why he did not get that contract was that he was seen as unfit and shady. On one occasion subsequent to the publishing of the article by the Observer, he hosted a Children's Expo for Dairy Industries. After the expo he was placed in a room and asked what was operating in his mind why he decided to pose nude in front of tourists. He did not get any contracts from Dairy Industries thereafter.

10 In cross-examination Mr. Campbell indicated that the article referred to a week-end of events and that he had been aware of the week-end of events. He stated that he had been asked to take part in the week-end of events and he had agreed to participate, but he did not agree to participate nude. He offered to participate in an evening event which took place on stage in the dining room which he did in fact take part in at a different time than was noted in the article.

11 Mr. Campbell denied that the programme "Uncensored" which he hosts has as its main theme sexual topics, and stated that the tone of the programme is concerned with current and topical issues, ranging from rape, incest and group sex to crime and the state of the economy. He said that he had not expressed his opinion on partners in sexual intercourse, female or otherwise. He is the host, not a guest, and his personal opinions are not put forward.

12 Mr. Campbell could not say whether the libel had affected him in his capacity as an actor. He currently appears on Royal Palm Estates and the play "Love and Marriage" went on prior to, during, and after the article. In cross-examination Counsel for the defendants had called for and examined the letter from the R.J.R. Group. This letter, which I note is dated June 1, 2004, was admitted as an exhibit in re-examination. The letter in my view does not represent Mr. Campbell's employers' immediate response to the article. It is not addressed to Mr. Campbell, but is instead addressed "To Whom It May Concern" and was written nearly two years after the offending publication. The letter is really at best a commentary by FAME FM'S Executive Producer indicating his opinions and disappointment about the behaviour described in the article. To that extent it is supportive of Mr. Campbell's case. However, Mr. Campbell did not loose his job and there is no evidence that he received any sanctions as a result of the incident. Happily his employers appear to have been prepared to give him the benefit of the doubt as to whether he did in fact do what the article said.

13 After the Claimant's case was closed the Observer's Editor-in-Chief Paget DeFreitas gave evidence. Mr. DeFreitas was also the Editor-in-Chief in September 2002 when the article was published. He knows Mr. Campbell and he had at the time of the article and still has a decent acquaintance and relationship with him. He indicated that he knows of Mr. Campbell hosting "Uncensored". Mr. DeFreitas has listened to Mr. Campbell, has read things about Mr. Campbell and has read things written by him.

14 According to Mr. DeFreitas, the general tone of the discusssions on the programme "Uncensored" is of a fairly explicit and personal nature, mostly dealing with sex and sexual relationships. The programme deals with how people prefer their sexual partners and the kinds of things people do in sexual relationships. Mr...