Defamation Laws In Barbados
According to Barbadian law, an action for defamation “shall arise where a person publishes any matter, by means of the whole or any part of which, the publisher makes an imputation defamatory of another person, whether by innuendo or otherwise.”
Death Does Not Affect Defamation Lawsuits In Barbados
Section 25 paragraph 1 of the Barbados Defamation Act states that “a cause of action shall survive the estate of the defendant.” This implies that a criminal action survives even if the defendant passes away. Section 25, paragraph 3 of the Defamation Act also allows for representatives of a deceased plaintiff to bring forth a defamation lawsuit posthumously on behalf of their dearly departed.
Section 29 asserts the statute of limitations on a defamation lawsuit is three years from the date of original publication. In case of disability of the defendant, the three (3) year prescriptive period will commence from the time the defendant ceases to be under disability.
Section 34 of the Defamation Act allows for a criminal action for libel to be brought against a defendant. The same section also states that prosecution for criminal libel cannot be made against a publisher or, editor unless consent is given by a specified public prosecutor.