DEFAMATION 101

 On Carnival Sunday (19th February, 2023) The Express newspaper published an article by Selwyn Cudjoe headlined "Cro-Cro: Our Warrior King". In the article Mr. Cudjoe seems to support the calypsonian and appears to be saying that in his opinion different rules of defamation ought to apply to calypsonians who are "brave" enough to sing about social issues. In other words, a calypsonian should be able to sing about social and other issues without being limited by the current libel laws. 

In order to understand why Mr. Cudjoe is simply wrong on this point, perhaps it is necessary to look at what exactly is a defamatory statement in law. It is a statement that tends to bring some one against whom the statement is made into "public ridicule and contempt". However a perfect defence to this would be if the statement was true. For example, on the face of it, if I said that "John is a thief who steals from everybody", such a statement would be highly defamatory unless I had evidence that John was indeed a thief who steals from everybody.

Mr. Cudjoe attempts to wrap his argument in a not so veiled attempt at raising the racial bogey by arguing that the calypsonian is "ready to protect a verbal-musical (sic) (African) art form such as the kalenda, shango, belair and other work songs. The calypsonian, part of the warrior class, always saw his function as defending the race, which is why he takes his responsibility to his group so seriously".

Well, nothing is wrong with that. But that doesn't mean that singing a calypso about somebody that denigrates that person and is factually incorrect, or can't be proven to be correct, is acceptable because the calypsonian is a "warrior". If that is so, then I could write a calypso about the man who murdered my cousin and the policeman who assisted him and get away with it because it was a calypso! (For the record, I know who killed my cousin but I have no justiciable evidence. It's a little like saying both you and I know that I was at your house at midnight last night; I am going to deny it and because nobody saw me  and my visit was not recorded you can't prove that I was there.)

I am not here trying to defend Cro Cro nor am I commenting one way or the other about whether or not he defamed Mr. Inshan Ismael. That argument will be up to the courts to decide. I am on the very narrow point that singing a calypso about somebody which is derogatory and untrue does not give the calypsonian a "get-out-of-jail-free" card. Like everybody else, the calypsonian is bound by the laws of defamation and if he defames somebody, either by name or by an innuendo where everybody knows who he is talking/singing about then, unfortunately for him, he will be required to pay damages. And no amount of argument that he is a "warrior' and is simply following the traditions of his African race will hold any water.