PANORAMA VICTORY FOR FREE SPEECH

Trial by jury is seen by many as a fundamental right and as a shield for free speech and press rights in a defamation case.

FUNDAMENTAL IMPORTANCE
The case establishes that the right to trial by jury is of such fundamental importance that it cannot be abolished in Gibraltar simply because the UK Parliament abolished it in England and Wales. That is so, even though in Gibraltar we normally follow English practice and procedure.
However, Daniel Feetham QC and Jemma Emmerson, both of Hassans, had argued that it would be a constitutionally retrograde step for a right described by judges as “of constitutional importance” to be abolished simply because that is what had happened in the UK.

Besides, the abolition of the right would require legislation by our own Parliament.

The UK Defamation Act had been introduced in 2013 and followed very detailed consultation with citizens, the media and interests groups in that jurisdiction. It was part of a political commitment by the then Coalition Government reform libel and freedom of speech laws in the UK.

NOT CONSULTED
No such consultation had occurred in Gibraltar, and despite that, two Senior Gibraltar Defence Police officers claiming libel against PANORAMA, argued, through their Welsh Barrister, David Hughes, that Gibraltar follows English practice and procedure and that the right to jury trial had been abolished here too!
The PANORAMA newspaper, however, wants to make this absolutely clear, it has nothing against the two officers in question. Whilst we will not cower in the face of threats and our duty to get to the truth, we are also fair, reasonable and helpful, as everyone knows how, during the pandemic, we supplied free copies of PANORAMA for about a year to the most vulnerable, to all in the four Government blocks of flats for the elderly, the value of this charitable work bordering £48,000.
If those GDP officers demonstrate to us that what we published was wrong, we will not hesitate to publicly apologise to them. We have made this clear all along.
In the meantime we will continue to defend ourselves and defend against any attempt to erode fundamental freedoms which have existed in Gibraltar for centuries whatever may be the position in the UK.

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18-05-21 PANORAMAdailyGIBRALTAR