(Jamaica Observer) The Supreme Court has thrown out a libel lawsuit brought against the Jamaica Observer by hotelier John Issa for its publication of a letter lashing him over the promotion by a travel agency of nude flights to his Hedonism III hotel, a subsidiary of SuperClubs International Limited.
In dismissing Issa’s suit, Justice Kay Beckford noted that while the tone of the letter may be harsh, it was not defamatory nor was there any evidence that the reputation of the
In fact, the justice pointed to the numerous accolades heaped upon Issa in 2005, following the publication of the letter.
“From the tone and content of the letter, it is clear that the words, though robust, are not intended literally but merely as insults and could not therefore be regarded as defamatory,” stated the 11-page judgment.
On May 11, 2005, Issa filed suit seeking compensatory, aggravated and exemplary damages for libel against the newspaper and then editor-in-chief, Paget deFreitas in relation to the letter published on March 29, 2005 titled “Naked flights to Jamaica”.
Issa said in his suit that the letter was “falsely and maliciously” published and caused him loss and damages.
Among the Particulars of Malice listed in Issa’s suit was that a “campaign was being conducted” in the newspaper, “deliberately designed and calculated” to damage him “socially and otherwise and in his business and to damage his reputation and business”. He also said that the Observer refused to apologise and chose to “publish the libel in an attempt to increase its circulation, sales and monetary gain”.
Issa also alleged that the publication had “severely injured his credit, character and reputation and had brought him into public scandal”.
But the defendants mounted the defences of qualified privilege and fair comment for publishing the letter, and denied any malice towards the claimant.
