“PUT SOME RESPECT ON MY NAME”-BELIZE DEFAMATION ACT, 2022

BY: IMMANUEL P.O. WILLIAMS

The iconic phrase “put some respect on my name”—made famous by music mogul Bryan  Christopher Williams—captures a universal truth: our innate desire to protect our  reputation, name, and character. This concept is not new. The Stoic philosopher Marcus  Aurelius once reflected, “If anyone despises me, that is their problem. My only concern is not  doing or saying anything worthy of contempt.” 

Yet, in today’s hyper-connected world, where everyone has a platform and an opinion,  even if we live our lives free from doing anything worthy of contempt the stakes are much  higher. A single falsehood, amplified by trolls and viral posts, can damage a person’s  reputation almost instantly. 

Thankfully, as Robert Greene highlights in his book The 48 Laws of Power, “So much depends  on reputation—guard it with your life.” defamation laws, like Belize’s recent Defamation  Act 2022, serve as a shield to protect individuals from slander and safeguard their good  name in an era where reputations can be destroyed with a click.

WHAT IS DEFAMATION? 

The Defamation Act 2022, like its predecessor—the Libel and Defamation Act—does not  provide a statutory definition of defamation. Instead, the meaning of defamation has  been shaped and refined by case law over the years.

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Historically, defamation was divided into two categories: libel and slander. 

• Libel referred to defamatory statements in a permanent, visible form (e.g.,  writing or images). 
• Slander, on the other hand, addressed defamatory statements that were spoken  and transitory in nature. 

However, the distinction between libel and slander has been abolished by Section 4 of the  Defamation Act 2022, consolidating them under the single term “defamation.” 

Under the Act, a statement—whether made in permanent form or spoken—is defamatory  if it harms a person’s reputation by making false claims that lower them in the estimation  of right-thinking members of society, causing them to be shunned or avoided. This  includes, but is not limited to: 

1. False statements imputing that a person has a disease. 
2. Allegations of criminal conduct. 
3. Statements damaging a person’s professional or business reputation. 4. False imputations about a woman’s chastity. 

Section 6 of the Act further clarifies that defamation is actionable without the need to  prove special damages. This means that a claimant is not required to demonstrate specific  financial or material harm to bring a defamation claim. Additionally, where multiple false  statements are published or spoken, a single cause of action under the Act suffices in  relation to the publication of a defamatory statement. 

KEY CHANGES IN THE DEFAMATION ACT 2022 

A key distinction of the Defamation Act 2022 from its predecessor, lies in its inclusion of  provisions designed to resolve defamation disputes without court proceedings. This  innovative approach reflects an acknowledgment of the time and expense associated with  litigation, offering parties an opportunity to resolve disputes amicably. 

The Act introduces the concept of an “offer to make amends”, allowing a person who has  published a defamatory statement—whether intentionally or unintentionally—to take  steps to correct the harm caused. This includes: 

1. Publishing or participating in the publication of a suitable correction of the defamatory statement.
2. Issuing a sufficient apology to the aggrieved party.
3. Where copies of the defamatory statement have been distributed, taking reasonable steps to notify recipients that the material is alleged to be defamatory.

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If an offer to make amends is accepted in writing by the aggrieved person (or their  representative), no defamation proceedings concerning the matter in question may be  initiated or continued against the person making the offer. Instead, the aggrieved person  has the right to enforce the offer to make amends. 

This provision emphasizes accountability and encourages swift resolution of disputes,  ultimately reducing the burden on the judicial system and fostering a culture of  responsibility and reconciliation. 

Notably, an apology does not constitute an admission of fault under the Act. However,  if the matter proceeds to court and the statement is found to be defamatory, the apology  can serve as a mitigating factor in favor of the defamer, potentially reducing the severity  of any penalties or damages awarded. 

The Defamation Act 2022 codifies several well-established common law defences,  including: 

1. Truth (Justification): A defence that the statement is substantially true. 2. Fair Comment: Protects opinions or comments made on matters of public  interest, provided they are based on facts. 
2. Qualified Privilege: Shields certain statements made in specific contexts (e.g.,  parliamentary proceedings or judicial matters) where freedom of expression  outweighs reputational harm. 

In addition to these traditional defences, the Act introduces the defence of triviality. This defence protects individuals from liability when the statement in question is deemed so  minor or inconsequential that it could not reasonably damage someone’s reputation. It  will be interesting to observe how courts interpret this defence and the standards or tests  they apply to determine “triviality.” 

The Act also includes specific provisions aimed at protecting the media. Sections 19 and  20 provide defences for the media against defamatory lawsuits when reporting on court  proceedings or public meetings. However, these protections are limited and do not apply  to reports that are blasphemous, indecent, or made maliciously. These sections reflect a  balanced approach, recognizing the importance of press freedom while still ensuring  accountability in media reporting. 

The Defamation Act 2022 provides several remedies for individuals who have been  defamed, including: Damages, a declaration or a correction order. 

The court may issue a correction order, directing the defendant to publish a correction of  the defamatory statement. This remedy helps mitigate the damage done to the aggrieved  person’s reputation by requiring the false statement to be publicly rectified.

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Additionally, the court has the authority to give specific directions regarding the content  and manner of the correction order. This could include guidelines on how the correction  should be presented or specifying that the defendant must make the correction in a way  that fully addresses the falsehood and clarifies the matter to the public. 

These remedies aim to provide a balanced approach to defamation cases, offering  compensation for harm done, legal recognition of the wrong, and opportunities to restore  an individual’s reputation. 

CONCLUSION 

After years of carefully curating your reputation, it can be devastating to watch false  information spread rapidly through social media and other digital platforms. In today’s  digital age, reputations—whether personal, professional, or corporate—are vulnerable to  harm. 

Whether you’re a private individual, business owner, or public figure, it’s essential to  understand your rights under the Defamation Act 2022. By doing so, you can protect  yourself from unwarranted harm and, as Bryan Williams put it, “put some respect on my  name.” 

This article is published as the law currently stands as of January 15, 2025, and does not reflect  any changes or amendments in the law that may occur after publication. 

Immanuel P.O. Williams is an Associate at Glenn D. Godfrey & Co. LLP. You can reach  him at immanuel@godfreylaw.net or visit godfreylaw.net. This article is for general  information and not legal advice.