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Is The PM Guilty of Using Obscene Language?

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By Neela Ramsundar

SOCIAL media is rife with comments about our PM’s choice of words at last Saturday’s conference, where he said to his earnest listeners: “Don’t jack@$$ de ting.”

Borrowing from Devon Seales’ song, he pleaded to the citizenry to stay at home to help stop the spread of the coronavirus.

The term: “jack@$$ d scene” is popularly used as a derogatory term to describe Trinis who ignore logic and common sense and do things that make a situation worse. It is now used in Seales’ latest composition written by Christophe Grant.

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The term has been trending heavily on social media every time the State increases the lockdown measures, resulting in throngs of citizens flocking to groceries, fast food outlets etc, before they are shut down the next day. Within an hour or so of his statement, believe it or not, a creative soul had already uploaded to social media a catchy lyrical beat using only those four words on repeat. Within 24 hours, there were at least three such mixes out, with Chutney and Soca beats to those four words.

Why now has the utterance of those four words caused such a stir? The country seems divided on the topic. One school of thought says the PM could have used better language to convey the same sentiments. They are complaining children would have been watching the conference and would now think such language is appropriate to use. The other is saying that those four words had more impact than any “polite” language he could have used.

In this country, it is illegal to use obscene, indecent or profane language which may annoy others (see section 49 of the Summary Offences Act, Chapter 11:02 – available online). For e.g., does anyone remember back in 2010 when Soca star, Benjai (Rodney Le Blanc), was arrested and charged during a fete on the San Fernando Hill for using obscene language on stage? Or going further back, to 1999 when the famous, but late rapper, DMX, was arrested mid-concert in Trinidad for using obscene language?

But were those four words used by the PM obscene, indecent or profane, that it caused annoyance to others? Many would argue it is, by virtue of the use of the word “jack@$$” in it.

It seems though that ex-president Donald Trump might have had something to do with the PM feeling at liberty to use the phrase. Based on my research, it appears there’s been a resurgence in the use of the word “jackass” in reference to other politicians.

For instance, in 2015 when he was just a presidential candidate, Trump ridiculed the characterisation of Senator John McCain as a war hero. In reply, US Senator Lindsey Graham of South Carolina called Trump “the world’s biggest jackass” adding that even “jackasses are offended” by Trump. After Trump’s whirlwind four years in office, some would argue he has caused a whittling down of the standards of polite language in politics.

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Jackass in ordinary English, refers to a male donkey. However, it has long been used as a term of derision, meant to convey the other person was “stupid”. The use by Trinis of the term: “jack@$$ d scene” really boils down to calling out people for being stupid by doing stupid things.

Despite Trump’s influence, as a former British colony, our laws remain conservative on the use of obscene language. However, our country is in a crisis. There are more important matters to treat with right now, as we deal with this third wave of Covid-19. Hence the reason I think no one has suggested the PM may be in breach of our laws on obscenities.

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Be that as it may, I am inclined to agree that given the laws of this country and that as prime minister, he is indeed seen as a role model to our youngsters, at some point in the future (when things are more settled), it may be appropriate for the PM to acknowledge though he felt justified, the use of those four words were perhaps not appropriate and he could have better expressed himself.

Be safe Trinidad and Tobago.

Copyright © 2021 Neela Ramsundar, LL.B (HONS), L.E.C is a Civil Litigation Attorney at Law & Certified Mediator.

Disclaimer: The contents of this article are for general informative purposes only. It does not provide legal advice and does not create an attorney-client relationship with any reader. For legal advice on your specific situation, please contact an Attorney-at-Law of your choosing directly. Liability for any loss or damage of any kind whatsoever allegedly incurred a consequence of using content in this article is thus hereby excluded to the fullest extent permitted by law.

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