and publisher Mohan
Lall, aka Glenn Lall
New York Judge Joan M Kenney absolutely did not rule that “Kaieteur News has every right to publish what it did” and that the newspaper never even disputed claims that the articles were (a) false and (b) defamatory, NEW GPC INC lawyer Ray Beckerman said.
His comment comes in the wake of reports by Kaieteur News paper and the Capitol News (TV) that the judge ruled that Kaieteur News had every right to publish what it did about the NEW GPC INC and that as a preliminary matter, the pharmaceutical company failed to make any showing that the articles published by Kaieteur News International “constitute fault as judged by, at a minimum, a negligence standard.”
In an invited comment to Guyana Times International, Beckerman said the judge merely ruled that as a media defendant writing on a matter of public interest, Kaieteur News had the right to invoke the First Amendment privilege which would insulate it from liability unless NEW GPC could show that the paper acted with knowledge of the falsity of the statements, or with reckless disregard for their truth or falsity.
In addition, the judge also ruled that there were triable issues of fact concerning whether Kaieteur News acted with knowledge of the falsity of the statements it made, or was reckless or grossly irresponsible in making them. NEW GPC had asked the court to rule summarily in its favour, on the ground that the news articles were false and defamatory.
False articles
Kaieteur News, in responding to the motion, did not dispute NEW GPC’s claims that the articles were both false and defamatory, Attorney Beckerman said.
He added that Kaieteur News’s sole defence was that as a media defendant writing about a matter of public interest, it was entitled to invoke the First Amendment of the United States Constitution, which meant that it was protected by privilege and could only be found liable, even if the statements are in fact false and defamatory, if (a) it knew the statements it had made were false, or (b) it had acted grossly irresponsibly and/ or recklessly.
The court agreed that Kaieteur News was a media defendant entitled to claim privilege, since the articles were about a matter that was of public interest to the Guyanese community in New York, and, therefore, NEW GPC was required to make an additional showing of knowledge of the falsity, or recklessness or gross irresponsibility, before it could collect damages.
The court scheduled a “preliminary conference” for January 9, 2014, at which a schedule will be set for the completion of pre-trial discovery, and for a trial date, further summary judgment motions, and other similar litigation events.
Back in August last year, the NEW GPC filed the lawsuit in New York seeking US$ 1 million in damages. In its writ, the company stated that it was relying “on its good reputation, goodwill and integrity in its business dealings both in Guyana and internationally”, and that was being impugned.
The company had also accused Kaieteur News of waging a campaign designed to destroy the Guyana Times newspaper and defame the reputation of Dr Ranjisinghi Ramroop, chief executive officer of NEW GPC. It had also described as malicious, defamatory, false and libellous, the allegations that the Health Ministry had paid it exorbitant costs for drugs it procured.
