Court Rules JCF Unlawfully Punished Constable Over Viral TikTok Video

The Supreme Court has overturned disciplinary actions taken against Constable Miskha Sterling-Gibson, ruling that senior members of the Jamaica Constabulary Force (JCF) acted outside their authority after she appeared in a viral TikTok video while in uniform.

In an order issued on January 15, the court found that Sterling-Gibson was punished twice for the same incident, including being unlawfully confined for six months at the National Police College of Jamaica. Justice Tania Mott Tulloch-Reid ruled that Deputy Commissioner of Police Richard Stewart breached Police Service Regulations by ordering confinement beyond the maximum three days allowed.

The court also held that then Senior Superintendent Michael Phipps exceeded his powers by imposing a further sanction at an orderly room hearing on March 22, 2024, despite an earlier penalty having already been applied. Both disciplinary decisions were quashed, with the court declaring that the constable had fully satisfied any lawful sanction arising from the incident.

The disciplinary matter stemmed from a January 2024 TikTok video showing three uniformed officers making satirical remarks about public perceptions of policing. Sterling-Gibson was later charged with breaches of the JCF’s social media policy and conduct bringing the force into disrepute.

She later sought judicial review after her attorneys challenged the process without response. The court ultimately agreed that the actions of senior officers were unlawful. The other two officers involved accepted similar penalties and did not contest the matter.