Regar to pay Loustau-Lalanne for damages |25 October 2006

Judge Perera said that Regar had used an otherwise innocuous photograph which had appeared in Seychelles Nation in connection with an environment article, to bring Mr Loustau-Lalanne to hatred and ridicule in the eyes of the public.

“Such publication with a caustic comment is a masterpiece of irresponsible journalism,” the judge said, comparing awards in two previous defamation cases.

Justice Perera noted that Mr Loustau-Lalanne, who is the chief executive officer of the Seychelles Tourism Board, is also the chairman of the Seychelles Islands Foundation (SIF), and is a former principal secretary.

He sued Regar, its editor, publisher and printer for libel arising out of a photograph published in the newspaper with a caption implying that he was flouting regulations and was fishing in the Aldabra Lagoon, which is a prohibited area.

The photograph had earlier been published in Nation as part of an article written by a student of Plaisance Secondary School under the title “Aldabra, a haven of life.”

The picture was taken by Claude Pavard of the SIF.

In his evidence before the court Mr Loustau-Lalanne said he granted permission to Nation to publish the photograph among seven others as he was not fishing in any prohibited area and was indeed fishing outside the reef of Aldabra somewhere near Polymnie and Picard islands.

Mr Pavard, who took the photograph, had, after publication, informed the editor of Regar that the photograph was taken on April 16, 2002 at 18.00 hours, one kilometre in the open sea, at the reef of Picard Island.

The court had heard that the letter was produced by the Regar in a subsequent issue, but with a note which expressed regret that some people or organisations had felt affected by the photograph and the accompanying comments.

Judge Perera stated that the editor’s note “was not a retraction nor an apology and that the “sting” in the caption was perpetuated, and hence the inference of malice on the part of the publisher has been established.

Jean Francois Ferrari, who testified in court as the publisher of Regar, stated that the persons fishing on the boat in the photograph were identified. As the position of the boat was vital for purposes of the article, he consulted a “master mariner,” and a “fisherman” who expressed the opinion that fishing was being done within the one kilometre radius of Aldabra.

“He however did not name those individuals, nor were they called as witnesses. The only witnesses called by the defence was not prepared to positively state on viewing the photo that fishing was being done in the Aldabra Lagoon. Judge Perera said that the publication implying that fishing was being done in the Aldabra Lagoon was reckless and malicious.