A London-based charity which provides legal support to journalists all over the world has stepped in to help a Bermudian lawyer facing a charge of criminal libel.The Media Legal Defence Initiative (MLDI) got involved in Charles Richardson’s court battle after reading about his case in a British media law magazine.Mr Richardson appeared in Magistrates’ Court in January accused of libelling a police detective on Facebook.He successfully got his trial delayed so he could ask the Supreme Court to determine whether the charge breaches his constitutional right to freedom of expression.His lawyer Craig Attridge and MLDI, which works globally to help journalists protect their right to freedom of expression, have made written submissions to the Supreme Court, as have the Attorney General’s Chambers and the Office of the Director of Public Prosecutions (DPP). A ruling has yet to be delivered.Peter Noorlander, legal director of MLDI, told The Royal Gazette: “Criminal libel is something we see being abused a lot and we have an interest in intervening in cases that we think might become strategic.“Bermuda itself isn’t a huge jurisdiction [but] a judgement there can be quite influential. It’s a case that we think is emblematic.“It’s a case of a kind that’s usually brought against journalists and because it was an opportunity to come out with a strong judgement, that’s why we got involved.”He said the UK abolished the offence of criminal libel last year but many countries still had it on their statute books.“What we are concerned about is that statutes like the Bermuda one, you find them all over Africa and various Asian countries, and it’s there that you really do see the abuse of them.“We are really hoping for the [Bermuda] Supreme Court to come out with a fairly strong judgement and one to say this is the way forward in a modern democracy.”Media law expert Heather Rogers QC, a barrister at Doughty Street Chambers in London, drafted MLDI’s submission to the Supreme Court.She wrote that the court needed to consider if the charge of criminal libel contravened section nine of the Bermuda Constitution and whether applying it to Mr Richardson contravened his constitutional right to freedom of expression.“MDLI’s principal submission is that the use of the criminal law in the context of defamation cannot be justified as being necessary to protect the reputation or rights of others,” wrote Ms Rogers, adding that criminal defamation laws were disproportionate to the harm done and other “less intrusive” means were equally effective in addressing legitimate concerns.The charge against Mr Richardson concerns a message he posted on his Facebook page in May 2010 about Detective Inspector Robert Cardwell.The officer had led an investigation into Mr Richardson in 2009, when 8.2 grams of cannabis and 0.71 grams of cannabis resin were found at his home in Club Road, Smith’s.The alleged defamatory material posted by Mr Richardson read: “This detective inspector really has it in for me.“Why on earth Robert Cardwell has taken an unhealthy interest in me is astonishing ... I really hope it ain’t because I’m good at what I do and I’m black ... that would make him vindictive and racist ... could it be?”Ms Rogers wrote in her submission that Facebook could remove information it felt violated its principles.“There is no indication whether DI Cardwell asked for the message (or any of the surrounding messages) to be taken down or removed (whether by asking the defendant or Facebook to do so).“This would appear to be a potentially effective alternative means, as would a civil claim.”She added: “While the message is derogatory, the question for the court is whether, in all the circumstances, the matter is so ‘serious’ a defamation as to warrant criminal proceedings and, if so, whether such proceedings are ‘required’ in the public interest.”Mr Attridge said on Friday his client had not instructed him to share his submissions with this newspaper.A spokeswoman for the Ministry of Justice, which is responsible for the AG’s Chambers and the DPP, said: “It isn’t appropriate for submissions to be provided in a matter that is ongoing but there is likely to be a full written judgment from the Supreme Court.”Bermuda Police Service has said it won’t comment while the case is before the courts.Useful websites: www.mediadefence.org, www.gov.bm, www.bps.bm, www.facebook.com.