‘Free speech ends where violence begins’ - Lawyers explain limits of freedom of expression

Veteran attorney Bert Samuels has issued a chilling warning to Jamaicans, urging them to tread carefully with their words in the wake of a sensational arrest under the Cybercrimes Act.

"You cannot preach retaliation. You cannot preach revenge. Those are not protected by the law," he declared, addressing the fallout from a viral social media video that has ignited a firestorm.

Dhana Warren, 34, now finds herself at the centre of controversy, arrested after her explosive video following the police killing of reputed don Othneil 'Thickman' Lobban went viral last week. In the video, Warren made a series of fiery declarations: "All a di Babylon dem mek dis be a threat. Unno ago get it back. Spanish Town is going to be lockdown. Mi nah talk dis wid no water in a mi mouth. Yeah, Spanish Town is going to be a chaos. Unno dead bredda... Dead bird."

Her words, laced with threats and promises of mayhem, quickly went viral, prompting swift action from law enforcement.

Head of the St Catherine North police, Superintendent Hopton Nicholson, confirmed the charge, stating, "Ms Warren was charged with malicious communication, a breach of Section 9 of the Cybercrimes Act of 2015. Investigations revealed that she used her platform to issue threats inciting violence and disturbing public peace."

While Warren's remarks sparked questions about free speech, Samuels emphasised the delicate balance between free speech and the law.

"The constitution guarantees freedom of expression, but that freedom must not infringe on the rights of others," he explained. "If what you say incites violence, especially against a known group, you're crossing the line. It's like shouting fire in a theatre and causing a stampede--it's not protected speech."

Attorney Tameka Harris was equally firm in her stance, emphasising that Warren's actions crossed the line.

"She deliberately said, 'This is a threat,' and openly incited violence. The police must safeguard the nation," Harris declared.

The attorney said that while freedom of speech is vital to democracy, it comes with responsibilities.

"You can't just say whatever you want to say. There must be some form of restriction to maintain order in society," Harris said.

Harris added that Jamaica's laws, including the Cybercrimes Act, aim to strike a balance between protecting rights and ensuring words don't harm individuals or society.

"Free speech thrives in an environment where individuals respect others' rights and understand the impact of their words. Once we maintain that balance, free speech can progress society without creating chaos."

Samuels also advised citizens to channel their emotions in lawful ways. "We often see people calling for justice after a police killing, and that's permissible when it's based on the presumption of innocence or the principle of justice. But when you advocate for breaking the law or retaliation, you're inviting trouble," he said.

The veteran attorney reiterated that freedom of speech cannot be used as a shield for inciting violence. "Her statements crossed the line by preaching chaos and vengeance. If you begin to speak in terms of protecting life or promoting justice, you stay within the law. But the moment you call for retaliation, you step into dangerous territory," he said.

Both attorneys stress the importance of Jamaicans understanding their rights and responsibilities. "As an attorney, I would want to be able to defend everybody's rights, but there must be some balance," Harris concluded.