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SAMMY GYAMFI SUES FOR DEFAMATION: A COMPLEX INTERSECTION OF POLITICS AND MEDIA RELATIONS
Sammy Gyamfi, the National Communication Officer of the National Democratic Congress (NDC), has initiated a defamation lawsuit against journalists Wilberforce Asare and Michael Afriyie, as well as media outlets Asaase Broadcasting and ABC News. This legal action stems from the publication of the headline, “NDC’s Sammy Gyamfi allegedly blows party cash on a lavish trip to Miami with wife,” which Gyamfi claims is false and damaging to his reputation.
Before delving into the specifics of the case, it is essential to understand what constitutes defamation. Defamation involves the following key elements:
1. False Claim: The statement must be false. If the claim is true, it cannot be considered defamatory.
2. Publication: The statement must be published or communicated to at least one other person.
3. Injury: The statement must cause harm to the subject’s reputation.
4. Unprivileged: The statement must not be protected by any legal privilege, such as statements made during legislative proceedings.
The court will determine whether these criteria apply to the headline in question. Specifically, the court will assess whether the allegation is false, if it has caused harm to Gyamfi’s reputation, and whether it is unprivileged.
While it is within every citizen’s right to sue for defamation, I have always maintained that a lawsuit should be a last resort, following an opportunity for the publisher to retract and apologize for any inaccuracies. This stance is rooted in the belief that open communication and corrective actions are preferable to immediate legal action.
Despite the legitimacy of Gyamfi’s lawsuit, I do not support his decision to proceed with legal action at this stage. Here’s why:
As the National Communication Officer of the National Democratic Congress, NDC, Sammy Gyamfi holds a position that necessitates maintaining positive relationships with media organizations and practitioners. Legal action should not be the first response, especially from someone in a role that involves managing communication and media relations.
As a political activist and public advocate, Gyamfi is a key intermediary between the public and his party. Running to court is uncharacteristic for someone in his position, who is expected to engage openly and address issues through dialogue and communication.
A demand for a retraction and an apology would have been a fair and reasonable initial step. This approach has precedent:
– Dr. Yaw Mathew Opoku-Prempeh vs. Sammy Gyamfi: In this case, Gyamfi was offered to retract and apologize.
– Samuel O. Ablakwa vs. The Blays: Ablakwa was offered the opportunity but refused to retract, claiming he stood by the truth. The legal action that followed was more justifiable because an opportunity for resolution was provided but not taken.
While the elements of defamation are clear and Gyamfi’s legal right to sue is unquestionable, the initial step of seeking a retraction and an apology should not be overlooked. This approach fosters better media relations and allows for the correction of false information without the need for immediate litigation. Sammy Gyamfi’s decision to file a lawsuit, while legitimate, could have been more strategically managed through initial dialogue and requests for retraction.
By Charles MacCarthy, journalist and news pundit
