They say a young minister was found, in a hotel with a call girl in town,
But I ent singing ’bout that, ah ‘fraid the Sedition Act…”

They say [that] government pass the Divorce Bill, so that Eric could get his own at will
But I keeping out of that, ah ‘fraid the Sedition Act…” –
Chalkdust- Ah Fraid Karl [1972]

A person is guilty of an offence who-

(b) communicates any statement having a seditious intention-Sedition Act 1920 [T&T]

My last two columns here treated severally two aspects of the tort of defamation. The first, some weeks ago, discussed the concept of the ordinary reasonable reader, that anthropomorphic conception of justice that is used to determine the legal meaning of a written imputation alleged to be defamatory, while the second, published just last week, dealt with the novel defence of triviality that is to be found in the Barbados Defamation Act only in the region.

While defamation is a constitutionally recognized qualification of the guarantee of freedom of expression, some other exceptions exist, whether by statute or common law. One such that recently arose for public discussion, at least in Trinidad & Tobago, was the democratic validity in modern times of a charge of sedition, given the nature of political discourse.

It appears that Mr Watson Duke, the head of the public sector workers’ organization in that country, was slapped with a charge of sedition under the Sedition Act 1920 (as subsequently amended). I am not privy as to the precise words of sedition allegedly used by Mr Duke but in part of the impugned speech he is reported to have stated: “We must be prepared to die, folks, You know why? This is your belief, this is your family, and I am sending the message clear, let Rowley [and] them know that the day they come for us in WASA, we are prepared to die and the morgue would be picking up people.”

According to the provisions of the Act, long-titled “An Act to provide for the punishment of seditious acts and seditious libel, to facilitate the suppression of seditious publications and to provide for the temporary suspension of newspapers containing seditious matter”, a seditious intention is defined as “an intention-

(a) to bring into hatred or contempt, or to excite disaffection against Government or the Constitution as by law established or the House of Representatives or the Senate or the administration of justice;

(b) to excite any person to attempt, otherwise than by lawful means, to procure the alteration of any matter in the State by law established;

(c) to raise discontent or disaffection amongst inhabitants of Trinidad and Tobago;

(d) to engender or promote-

(i) feelings of ill-will or hostility between one or more sections of the community on the one hand and any other section or sections of the community on the other hand;

Or

(ii) feelings of ill-will towards, hostility to or contempt for any class of inhabitants of Trinidad and Tobago distinguished by race, colour, religion, profession, calling or employment;

or

(e) to advocate or promote, with intent to destroy in whole or in part any identifiable group, the commission of any of the following acts, namely:

(i) killing members of the group; or

(ii) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction. [section 3(1)]

While in multi-ethnic Trinidad &Tobago, it is arguable that section 3 (1)(d) and (e) specifies conduct that ought reasonably to be prohibited, the preceding sub-sub-sections (a)-(c) appear rather to be the very raison d’etre of those political parties and other forces opposed to the policies of the incumbent governing administration, apart from the use of otherwise than lawful means of course.

It seems a stretch therefore to classify mere political opposition as sedition. Hence, perhaps, the limitation stipulated in section 3 (2)-

But an act, speech, statement or publication is not seditious by reason only that it intends to show that the Government has been misled or mistaken in its measures, or to point out errors or defects in the Government or Constitution as by law established, with a view to their reformation, or to excite persons to attempt by lawful means the alteration of any matter in the State by law established, or to point out, with a view to their removal by lawful means, matters which are producing, or have a tendency to produce-

(a) feelings of ill-will, hostility or contempt between different sections of the community; or

(b) feelings of ill-will, hostility or contempt between different classes of the inhabitants of Trinidad and Tobago distinguished by race, colour, religion, profession, calling or employment …

As with criminal libel, the laying of such a charge by the state at once interrogates its reasonable requirement and justification in modern democratic society. More so in Trinidad & Tobago where the Constitution expressly guarantees in section 4 (e) the right to join political parties and to express political views”. Of course this right is not absolute and there also exists a savings law clause that ought to preserve the legal validity of the Act but an issue nevertheless remains as to the legitimacy of the use of the awesome state power to prosecute political speech not to one’s liking.

Also, similar to defamation, the intention of the publisher of the statement in question is irrelevant, Rather it is the natural reaction thereto that goes to determine whether a seditious intention existed.

Section 3 (3) reads-

In determining whether the intention with which any act was done, any words were spoken or communicated, or any document was published, was or was not seditious, every person shall be deemed to intend the consequences which would naturally follow from his conduct at the time and under the circumstances in which he so conducted himself.”

Reaction to the charge has been seemingly mixed. My colleague, Professor Rose-Marie Antoine, Dean of the Faculty of Law at St Augustine, has expressed fear that the country’s misused sedition laws create uncertainty in T&T’s democratic society. She described the act as “archaic” and noted that although the act was amended in the late 1970s, there was a need for it to be re-examined once more.

For his part, the Honourable Prime Minister, Dr Keith Rowley has pooh-poohed the argument as to the Act’s vintage. According to him, “The biggest conversation in Trinidad and Tobago today is how old the Sedition Act is. And it’s time to get rid of it. Well, then, if that is how we approach it, we might as well go with the whole basket. Let’s get rid of the Trespass Act, that’s ‘kinda’ old too. Let’s get rid of the [A]ct for murder and crime. And while we’re at it, let’s get rid of the [A]ct which speaks to common assault, which dates way back to the days of King John and the Magna Carta.” 

We look forward with interest to the eventual judicial resolution of this matter in general and of the various forensic arguments that will arise in particular. Is the Act still reasonably required and reasonably justifiable in 21st century Trinidad & Tobago? Or parts of it only? Is section 3(2) sufficiently exculpatory? Does the savings law clause foreclose any argument as to its constitutional validity? What is the true extent of the freedom guaranteed in section 4(e) of the Constitution? Film at 11, I suppose.

67 responses to “The Jefferson Cumberbatch Column – Fear of the Sedition Act”


  1. Unrelated…. But is this a miracle drug???
    https://barbadostoday.bb/2019/09/12/cannabis-cure/
    Have a great day!


  2. TheOGazerts September 12, 2019 6:40 AM

    “And that relates to a culture in Barbados that lends itself to inefficiencies, sloth and procrastination.”
    “endemic laissez-faire attitude”

    Dear Theo,

    Thank you for referring to the article. It confirms our experience with the non-existent Barbadian work ethic.

    I would like to ask everyone here: Some on the island say many hands made work easier. Shouldn’t our Barbadian public service be the fastest in the world, because we have the most civil servants in relation to the total population?

    You all know the answer. We have the most expensive, slowest and worst public service on the planet (except for Jamaica or North Korea).


  3. @ John

    You asked the question and de ole man quotes

    “…Will Barbados be sending Mugabe Mottley to Zimbabwe to represent us at the funeral of Mugabe?…”

    It is only a reasonable expectation that one Mugabe 54 years old goes to see the other 95 year Mugabe interred.

    Here is the now dead Mugabe doing his theatrics

    http://imgur.com/a/00ArQ0P

    And, not to be outdone in this act of grandstanding, here is the live Mugabe replicating the same thing

    http://imgur.com/a/MiQ3t47

    We have much more to catch up with regarding the Dictator Model Mugabe over the coming 3 years


  4. If some of you do not have anything of value why not go and workout or read a book, do something productive.


  5. Don’t be fooled by this DECEIT..

    “A nurse is appealing to Barbadians to support the proposed Medicinal Cannabis Bill 2019 as research has shown the drug is proven to cure several ailments.

    Michelle Marshall, who is also a social activist, said while she did not use the illegal drug, its healing powers could not be ignored.

    Marshall attended yesterday’s hearing of the bill by the Joint Select Committee of Parliament at the Lloyd Erskine Sandiford Centre.

    The social activist told Barbados TODAY it made no sense to have persons suffering when there was a cure available to treat their illness.”

    What she is not recognizing is…IT IS THE GOVERNMENT AND THEIR WICKED COLONIAL MINDED WAYS HAVE THESE PEOPLE SUFFERING.

    That vicious bill that EXCLUDES the very people, the Rasta Community with the KNOWLEDGE to make the marijuana industry a SUCCESS….CANNOT be supported in its present form…when there are NO LEGAL PROTECTIONS IN PLACE…for this group, which was a malicious, deliberate act by the government and by design.

    That vicious bill people that EXCLUDES the MAJORITY BLACK POPULATION FROM WEALTH creation re medical marijuana ….CANNOT be supported in its PRESENT form..

    Both governments HAVE KNOWN fir 28 YEARS about the legislation on the books re medical marijuana…they have also KNOWN of the human suffering on the island ALL THAT TIME…..NOT one of them volunteered to appraise THE PEOPLE who pay their salaries…until they saw a way to SELL OUT the Black population while LEGISLATING to lock up black people only, including the Rasta Community.

    What negro governments need to come to an understanding about is that when they are ELECTED BY THE PEOPLE….they DO NOT immediately become the OWNERS OF BLACK CAPTIVES…whom they believe they can FORCE to CONFORM to their colonial minded nastiness.


  6. “However, there is something that neither the Attorney General nor the Chief Justice addressed during their recent public comments. And that relates to a culture in Barbados that lends itself to inefficiencies, sloth and procrastination. ”

    And that one Peter Harris from CGI has no goddamn shame, his lawyers Leslie Haynes et al are FAMOUS for clogging up and backlogging the judiciary MALICIOUSLY with NUMEROUS personal injury cases to AVOID paying injured people, making them SUFFER in the process. Even with judges FOR YEARS,…warning them to stop it, it makes no difference to them, they find every evil opportunity to continue to create backlogs and confusion in the judiciary.,

    Those are the very FIRST civil CASES the CJ if he is not blowing his usual hot air and has finally gotten serious that should be looked at..CGI INSURANCE PERSONAL INJURY CASES…let’s see if the government interferes to keep the wickedness going, ah will be more than happy to expose that one for the WORLD TO SEE…and yall done know…am not shy.


  7. @ the Honourable Blogmaster

    You said and I quote

    “…David September 12, 2019 7:36 AM

    If some of you do not have anything of value why not go and workout or read a book, do something productive…”

    Heheheheh

    When is the last time you read a book, yourself?

    Heheheheh

    Or did a workout? Or anything “productive”? Heheheheh

    Do not worry bout de ole man Sir YOU GINE SEE REAL SOON HOW MUCH READING AND HOW RH PRODUCTIVE DE OLE MAN IS!

    Heheheheh

    Dat is because wunna cant chew and ride a bicycle dd same time BUT DE OLE MAN does multitask

    Heheheheh

    I starting to get de impression dat you doan like de ole man doah.

    Why is dat?

    Dat mekking me feel bad…heheheheh and will affect my sleep patterns muchly

    Heheheheh


  8. @ David who wrote “If some of you do not have anything of value why not go and workout or read a book, do something productive”

    Go to pages 14 & 15 of Barbados Today online.

    @ Piece the Legend,

    Warning. What you see could cause heart palpitations and diabetes from an overdose of sweetness. lol


  9. As an aside and at the risk of being accused of the lesser charge of ” mischief, pages 3 & 4 are also worth reading.

    ” Sandals officials still waiting on government”

    ” BWA has turned to Ionics Freshwater Limited ”

    Agriculture minister says ” Baseless “.


  10. Deceitfulness will always get them all exposed….until they are all gone.

    https://www.facebook.com/jackie.stewart.965/videos/1113254388884099/?t=27

  11. SirSimpleSimonPresidentForLife Avatar
    SirSimpleSimonPresidentForLife

    @TronSeptember 12, 2019 7:25 AM “Some on the island say many hands made work easier.”

    Isn’t that the saying of your favourite lady in the whole world?

    Why don’t you go and ask her directly yourself?


  12. @ SirSimpleSimonPresidentForLife September 12, 2019 4:18 PM

    You have to read what I write: Tron, always impartial and unbiased.

    Patriotic, constructive advice is something else than the destructive lies of the opposition.


  13. @ Brother Hants

    De ole man was searching for links to dem pages dat you mention but I ent find dem.

    When you got sweet tings like dat please share dem wid a feller nuh?

    You gine be selfish with these Blue Boxcart links all de time?

    Heheheh


  14. For those of you who read or seek to expand your limited parochial views, at this moment a live debate is being conducted (and is viewable kn thd BBC) about the power of the PM Boris Johnson to porogue Parliament.

    It is of interest to de ole man for 3 reasons.

    1.obviously to watch how civilized white people does conduct challenges to their Constitution WITHOUT FEAR

    2.to listen to their speech and observe their scholarly opinions and the methodology they utilize in ventilating this matter globally

    And finally this 3rd point and and similarity to this matter of seeming promotion of the Luminary Jeff Cumberbatch

    The article and session can be found at

    But it says and I quote

    “…Boris Johnson sought to suspend Parliament to avoid the risk of MPs “frustrating or damaging” his Brexit plans, the Supreme Court has heard.

    Lawyers for campaigners challenging the suspension said there was “strong evidence” the PM saw MPs “as an obstacle” and wanted to “silence” them…”

    The similarity being that

    “…the president for life Mugabe saw dissenting voices SUCH AS THE LUMINARY JEFF CUMBERBATCH “AS AN OBSTACLE” with his weekly column and virtual appearances on Barbados Underground AND THEREFORE EFFECTIVELY PURSUED “SILENCING HIM”.

    It is a sad day in Barbados when the voices of freedom are silenced in this way, WITHOUT ANY FURORE and in the silence of the night!!!


  15. The item can be found at

    https://www.bbc.com/news/uk-politics-49722087


  16. They will say that they recognized his immense wisdom and decided to use it for the benefit of Barbadians. The problem with that is that his services were probably more beneficial to Barbadians and would have probably had the greatest impact in educating the people and stimulating thought.

    I learnt a lot and looked forward to interacting with him.

    Jeff had his choice to make. They did not hold a gun to his head, I assume.


  17. @Donna

    Thanks for responding.

    Jeff is a respected man.

    Jeff has made a significant contribution local and regional.

    Jeff applies for the post of Justice in the Appeal Court, no doubt a stepping stone to a bigger role.

    Instead we have this incessant needling of an earned reputation.

    If this topic continues in this line it will be closed.

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