Georgetown, Guyana — In a decision that could reshape how freedom of expression is protected in Guyana, Acting Chief Justice Roxane George ruled on Friday morning that the criminal libel law is unconstitutional, throwing out a charge that had been filed against New York-based Guyanese activist Rickford Burke.
Justice George said the charge, brought by the Police under Section 113 of the Criminal Offences Act, breached Article 146 of the Constitution, which guarantees the right to free expression. Her ruling is likely to set a major precedent for how the state handles defamatory speech and online criticism.
Burke, a human rights advocate and political commentator who has lived in the United States for nearly three decades, had been accused of criminal libel following a complaint by Afras Mohammed, owner of BM Soat Auto Sales. The complaint stemmed from critical social media posts Burke had shared, reportedly echoing the grievances of dissatisfied customers.
The Judge found that the charge lacked substance and clarity, pointing out that it did not specify what exactly Burke had said that was considered defamatory. “It is not enough on a criminal charge to simply say someone has been libeled,” she told the court. “An accused must be informed of the exact words allegedly used that led to the charge.”
Justice George also criticized the Guyana Police Force’s attempt to serve Burke with a court summons in the U.S., calling the move unlawful. She emphasized that a court-issued summons only has legal force within Guyana’s borders. “Service of a summons outside the jurisdiction of Guyana is unlawful and invalid,” she said.
The ruling questioned why the Police did not inform the Magistrate that Burke has been living overseas for 27 years and had not returned during that time. The Judge said had the court known this, the summons likely would not have been issued.
In her judgment, Justice George also queried whether proper legal advice had been sought before the charge was filed. She described the state’s actions as an “overreach” and said criminal law should not be used to penalize speech that may be addressed through civil remedies.
“If someone feels aggrieved by what has been said about them, they may file a civil suit. It should not be for the state to bring criminal defamation charges,” she stated.
The court awarded Burke $500,000 in costs from each of the named respondents in the matter. He was represented by Senior Counsel Roysdale Forde.
Burke’s supporters have hailed the decision as a victory for press freedom and democratic rights. The Police have not yet indicated whether they plan to appeal.
