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Overview
This article is a continuum a series of proposals dealing with the author has been advocating for government policies and how the community in general insurance in Sierra Leone, using national insurance and risk management strategy, can generate real innovation and growth in all sectors of our Nationa € ™ s socio-economic and government infrastructure.
The overriding public policy need for introduction of a policy of media coverage against liability risks inherent in the journalistic community, outside the criminal law processes, can not be understated and remains this approach pieceâ ™ € s essential.
MEDIA RISK
The articulation and promotion of an alternative remedy against liability risks œmedia € â € and the real problems of perceived defamatory libel, sometimes practiced by journalists Sierra Leone, publishing houses and media responses resulting from the political process through criminal law of the state is the center of this piece.
There has in recent years, much public debate on Sierra Leone in the repeal of the Public Order Act 1965. Specifically, Part V, Articles 26 to 37, relating defamation libel and sedition have drawn IRK several members of the journalistic community, most of whom have done and are still being real threats and criminal proceedings by the mere performance of their job duties.
While the focus of debate has revolved mainly around the repeal of sections odious and onerous libel defamatory and seditious of the Act, however, essential that the principles of accountability by publishers, journalists and media houses be included in any reform proposal that was introduced to protect the reputations of citizens. Â
Legislative History
The legislative history and practice of the Public Order Act in Sierra Leone, however, has been one of a suitable legal trick used by successive governments to muzzle and intimidate political dissent, freedom of expression and press freedom through the processes of state criminal law. By example, these laws have in the recent past has been used by politicians to imprison a number of journalists and to muzzle the free press.
Several recent high-profile criminal defamation and libel cases against journalists by politicians and public figures in Sierra Leone has resulted in finding how â € € œmedia risks be adequately addressed within the framework of insurance liability.
THE ROAD TO NEW
While libel and slander in most common law jurisdictions are classified as crime, and therefore can not be covered by an insurance policy, have also evolved as hybrid tort offenses, where the aggrieved party may seek damages and payment of insuredâ € ™ s insurance policy for damages caused by defamatory or libelous publications.
The balancing act of addressing the real damage done to the reputation of citizens libelous publications and ensuring a free press, unhindered, without the threat of prosecution criminal, must revolve around the implementation of a policy based on the liability insurance market with the following in your kernel:
- Repeal of criminal libel, seditious libel and defamation statutes and their replacement by a regime of liability.
- The design of a medium risk of civil liability insurance to cover claims based on tort such as defamation, slander and defamation for practitioners of journalism in Sierra Leone.
COVER â € ~ Bâ € ™ CGL POLICY
The risks of media coverage by insurance Coverage B provisions of the commercial general liability (CGL) policy of the United States is instructive in this regard.
For those unfamiliar with CGL policy, coverage B provides that the insurer will pay the amounts that the insured becomes legally liable or obligated to pay damages for one œadvertising € â € injury.
A € â € œadvertising injury is defined as an injury or damages arising from a or a combination of the following offenses:
- Oral or written publication of material that slanders or libels a person or organization or disparages a person so organizationâ ™ € € ™ s goods, products or services.
- Publications oral or written material that violates a person ™ € s right to privacy.
CONCLUSION
In the context of Sierra Leone, thus repealing the criminal provisions of the Public Order Act, enactment of a law of liability covering the journalists and the requirement of proof of liability coverage the media by members of the room should be for all purposes, the impact final onerous than the media has for decades been subject to being charged criminally for the mere exercise of their functions.
Any liability or damages resulting from the performance or publication of defamatory or libelous publications will be based on proof of damages and payment in accordance with the nature and extent thereof by the insurance policy.
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About the Author:
The author, Mr. Kortor Kamara has over 25 years experience in the insurance industry both in Sierra Leone and the United States. He is a Chartered Property & Casualty Insurer and holds the Workers Compensation Claims Professional (WCCP) designation. He is a Member of the Chartered Insurance Institute ( London); Certified Self-Insurance Claims Administrator-State of California; Registered World Bank Consultant and has served as a Consultant on various Insurance initiatives in Sierra Leone, including design of the country’s first Title Insurance Policy.
In addition, Mr. Kamara is a graduate of Fourah Bay College, University of Sierra Leone, 1978-1981; studied Law at both the Univerisity of West Los Angeles School of Law and the California Southern School of Law in Riverside. He is currently a Doctoral Candidate in Insurance and Risk Management.
Through association with Saddleback Re, were he serves as the Regional Manager, Africa Division, Mr. Kamara is intimately involved in the provision of reinsurance coverage, policy design, loss control, training and risk management services to the African Insurance marketplace.
www.saddlebackre.com.
Article Source: ArticlesBase.com – Media Risks Coverage: the Answer to Sierra Leone’s Libel Laws
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