Criminal Libel in the Caribbean in the 21st Century: Archer v. Commissioner of Police

In 2020 a “little Facebook spat” ended in a conviction for intentional libel in the Bahamas. This article explores the Court’s decision in Archer v. Commissioner of Police, holding that criminal defamation is not an unconstitutional way to protect reputations of persons in the Bahamas. The decision aligns with the earlier decision of the Privy Council in the Grenada case of Worme v. Commissioner of Police. These former British colonies share a final court of appeal, small populations, and similar protections for free expression, with exemptions for libel, and the cases involved identical statutory statements criminalizing libel. The Archer decision occurs against a backdrop of discussions in the Caribbean about the constitutionality of criminal libel laws. The author suggests that where leveraged by the powerful to prevent dissent, criminal defamation laws are despicable, but they may be a legitimate means for private victims to be vindicated when hurt by defamatory statements.