Revised Laws of Saint Lucia (2021)

Power to Prohibit Circulation of Seditious Publication

7.   Power of Court to prohibit circulation of seditious publications

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   (1)   Whenever on the application of the Attorney General acting on the authority in writing of the Governor General it is shown to the satisfaction of the Court that the issue or circulation of a seditious publication is or, if commenced or continued, would be likely to lead, to unlawful violence or appears to have the object of promoting feelings of hostility between different classes of the community, the Court shall make an order (in this Act called a “prohibition order”) prohibiting the issue and circulation of that publication (in this Act called a “prohibited publication”) and requiring every person having any copy of the prohibited publication in his or her possession, power, or control to deliver every such copy into the custody of the police.

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   (2)   An order under this section may unless the Court otherwise directs be made ex parte on the application of the Attorney General in chambers.

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   (3)   It shall be sufficient if the order so describes the prohibited publication that it can be identified by a reasonable person who compares the prohibited publication with the description in the prohibition order.

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   (4)   It is the duty of every person on whom a copy of a prohibition order is served by any member of the police to deliver as soon as possible to that member every prohibited publication in his or her possession, power or control, and, if he or she fails to do so, he or she commits an offence.

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   (5)   If a copy of a prohibition order is published in the Gazette or a local newspaper, it is the duty of every person having the prohibited publication in his or her possession, power or control, to deliver every such publication to the nearest police station within 7 days after the date of the Gazette or local newspaper in which the prohibition order is first published, and, if he or she fails to do so, he or she commits an offence.

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   (6)   The Court may, if it thinks fit, either before or after or without service of the prohibition order on any person or publication of the prohibition order in the Gazette or local newspaper, issue a warrant authorising any member of the police not below the rank of sergeant and his or her assistants to break, enter, and search, either by day or night, any building or place specified in the order, and any enclosure, room, box receptacle or thing in such building or place, and to seize and carry away every prohibited publication there found, and to use such force as may be necessary for the purpose.

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   (7)   A copy of the prohibition order and of the search warrant shall be left in a conspicuous position at every building or place so entered.

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   (8)   The owner of any prohibited publication delivered or seized under this Act may at any time within 14 days after the delivery or seizure petition the Court for the discharge of the prohibition order, and the Court, if on the hearing of the petition it decides that the prohibition order ought not to have been made, shall discharge the order and shall order the prohibited publication delivered by or seized from the petitioner to be returned to him or her.

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   (9)   Every prohibited publication delivered or seized under this section with respect to which a petition is not filed within the time aforesaid or which is not ordered to be returned to the owner shall be taken as forfeited and shall be dealt with in such manner as the Governor General may direct.