DEFAMATION AND LIBEL ORDINANCE, 1887

DEFAMATION AND LIBEL ORDINANCE, 1887

No. 1 of 1887.
An Ordinance to amend the law respecting defamatory
words and libel.
[22nd February, 1887.]
1. This Ordinance may be cited as the Defamation and
Libel Ordinance, 1887.

2. In this Ordinance,
(a) Information includes indictment.

* As amended by Law Rev. Ord., 1923.





(b) Newspaper and proprietor have the same mean-
ings respectively as those words have in the Printers and
Publishers Ordinance, 1886; and newspaper includes any
other periodical publication.

(C) Report of the Legislative Council includes any
report, paper, vote or other proceeding of the Council.

3. In any action for defamation it shall be competent to
the defendant (after notice in writing of his intention to do
so duly given to the plaintiff within a reasonable time before
the trial of the cause) to give in evidence in mitigation of
damages that he made or offered an apology to the plaintiff
for such defamation before the commencement of the action,
or as soon afterwards as he had an opportunity of doing so
in case the action has been commenced before there was an
opportunity of making or offering such apology.

4. In an action for a libel contained in any public news-
paper it shall be competent to the defendant to set up as a
defence that the libel was inserted in the newspaper without
actual nalice without gross negligence, and that before
the commencement of the action, or at the earliest opportunity
afterwards, he inserted in the newspaper a full apology for
the libel, or, if the newspaper in which the libel appeared is
ordinarily published at intervals exceeding one week, had
offered to publish the said apology in any newspaper to be
selected by the plaintiff in the action : and to such defence to
the action it shall be competent to the plaintiff to reply
generally denying the whole of such defence: Provided
that it shall not be competent to any defendant in such
action to set up any defence as aforesaid withoou at the same
time making a payment of money into court by way of
amends, and every such defence so filed without such pay-
ment into court shall be deeined a nullity and may be treated
as such by the plaintiff in the action.

5. Every person who publishes or threatens to publish
any libel upon any other person, or directly or indirectly
threatens to print or publish, or directly or indirectly
proposes to abstain from printing or publishing, any matter
or thing touching any other person, with intent to extort any
money, or security for money, or valuable thing from such
or any other person, or with intent to induce any person to
onfer or procure for any person any appointment or office





of profit or trust, shall be liable to imprisonment for any
term not exceeding three years: Provided that nothing herein
contained shall in any manner alter or aflect any law or
Ordinance now in force in respect of the sending or delivery
of threatening letters or writings.

6. Every person who maliciously publishes any defamatory
libel, knowing the same to be false, shall be liable to
imprisoninent, without hard labour, for any term not exceed-
ing two years, and, in addition, to pay such fine as the court
may award.

7. Every person who maliciously publishes any defamatory
libel shall be liable to imprisonment, without hard labour,
for any term not exceeding one year, and to pay such fine as
the court may award.

8.-(1) On the trial of any information for a defamatory
libel, the defendant having pleaded such plea as is hereinafter
mentioned, the truth of the matters charged may be inquired
into, but shall not amount to a defence, unless it was for the
public benefit that the matters charged should be published.

(2) To entitle the defendant to give evidence of the truth
of the niatters charged as a defence to the information, it
shall be necessary for him, pleading to the information, to
allege the truth of the matters charged in the manner now
required in alleging a justification, to an action of defamation,
and further to allege that it was for the public benefit that
the matters charged should be published, and the particular
fact or facts by reason whereof it was for the public benefit
that the matters charged should be published, to which plea
the prosecutor shall be at liberty to reply generally denying
the whole thereof.

(3) If after such plea the defendant is convicted on the
information, it shall be competent to the court, in pronounc-
ing sentence, to consider whether the guilt of the defendant
is aggravated or mitigated by the plea and by the evidence
given to prove or to disprove the same: Provided that the
truth of the matters charged in the alleged, libel complained
of by the information shall in no case be inquired into with-
out such plea of justification: Provided, also, that in addi-
tion to such plea it shall be competent to the defendant to
plead a plea of not guilty: Provided, further, that nothing
in this Ordinance shah take away or prejudice any defence





under a plea of not guilty which it is now competent to the
defendant to make under suchl plea to any information for
defamatory words or libel.

9. Whenever, on the trial of any information for the
publication of a libel, mider the plea of not gulilty, evidence
has been given which establishes a presumptive case of
publication against the defendant by the, act of any other
person by his authority, it shall be conipetelit to the defendant
to prove that the publication was made without his authority,
consent, or knowledge, and that the publication did not arise
from want of due care or caution of his part.

10.-(1) In the case of any inforination, at the instance of
a private prosecinor for the publication of any defamatory
libel, if judgment is givem for the defedant, he shall be
entitled to recover from the prosectitor the costs sustained
by the defendant by reason the information, and, upon a
special plea of justification to the information if the issue is
found for the prosecutor, he shall be entitled to recover from
the defendant the costs sustained by the prosecutor by reason
of such plea.

(2) Costs so to be recovered by the defendant or prosecutor
respectively shall be taxed by the proper officer of the court
before which the information is tried.

It shall be lawful for any person who is a defendant
in any civil or criminal proceeding, in whatever manner
commenced for or on account or in respect of the publication
by such person or by his servant of any report of the
Legislative, Council by or under the authority of such
Council, to bring before the court in which such proceeding
has been commerced, or before a judge, first giving twenty-
four hours notice of his intention to do so to the plaintiff
or prosecutor in such proceeding, a certificate under the
hand of the Governor, or of the presiding member of such
Council for the time being, or of the Clerk of Councils,
stating that report in respect whereof the proceeding has
been commenced was published by such person or by his
servant by order or under the authority of such Council,
together with an afflidavit verifying such certificate; and the
court or judge shall thereupon immediately stay such pro-

* As amended by Law Rev. Ord, 1923.





ceeding, and the same, and every writ or process issued,
shall be and shall be deemed and taken to be finally put an
end to, determined, and superseded.

12. In caso of any civil or criminal proceeding to be com-
any copy of any such report it shall be lawful for the
defendant, at any stage of the proceeding, to lay before the
court or judge the report, and the copy, together with an
affidavit verifying the report, and the correctness of the copy;
and the court or judge shall thereupon immediately stay
such proceeding, and the same, and every writ or process
issued therein, shall be and shall be deemed and taken to be
finally put all end to, determined, and superseded.

13. It shall be lawful in any civil or criminal proceeding
to be commenced for printhig, any extract from or abstract of
any such report to give in evidence, in a civil case in
support of any allegation in defence, and in a criminal
case under the general issue, the report, and to show that
the extract or abstract was publisliad bond fide and without
malice ; and such is the opinion of the jury, a verdict of
not guilty shall be entered for the delendant.

14. A fair and accurate report in any newspaper of pro-
ceedings publicly heard before any court shall, if published
contemporaneously with such proceedings, be privileged:
Provided that nothing in this saction shall authorise the
publication of any blasphemous or indecent matter.

15.-(1) A fair and accurate report published in any
newspaper of the proceedings of a public meeting, or (except
where nether the public nor any newspaper reporter is
admitted) of any meeting of a body, board, or authority
formed or constituted under the provisions of any ordinance
or of any committee appointed by any such body, board, or
authority, or of any meeting of any commissioners authorised
to act by Letters Patent, Act of Parliament, Ordinance,
warrant under the Royal Sign Manual, or other lawful warrant
or authority, select committees of the Legislative Council,
and justices of the peace in licensing sessions assembled, and
the publication, at the request of any Government office or
department or of the Captain Superintendent of Police, of
any notice or report issued by therm or him for the informa-





tion of the public, shall be privileged, unless it is proved that
such report or publication was published or made maliciously:
Provided that nothing in this section shall authorise the
publication of any blasphemous or indecent matter: Provided,
also, that the protection intended to be afforded by this
section shall not be available as a defence in any proceedings
if it is proved that the defendant has been requested to insert
in the newspaper in which the report, or other publication
complained of appeared a reasonable letter or statement by
way of contradiction or explanation of such report or other
publication, and has refused or neglected, to insert the same:
Provided, further, that, nothing in this section shall be
deemed or construed to limit or a bridge any privilege now
by law existing or to protect the Publlcation of any matter
not of public concern and the publication of which is not for
the public benefit.

(2) For the purposes of this section, public meeting
means any meeting bond fide and lawfully held for a lawful
purpose, and for the furtherance or discussion of any matter
public concern, whether the admission threto is general
or restricted.

16. A magistrate, on the hearing of a charge against a
proprietor, puiblisher, or editor, or any person responsible for
the publication of a newspaper, for a libel published therein,
may receive evidence as to the matters charged in the libel
being true, and as to the report being fair accurate and
published without malice, and is to the publication being
for the public benefit, and as to any matter which, under this
or any other Ordinance or otherwise, might be given in
evidence by way of, defence by the person charged on his
trial on information, and if the magistrate is of opinion that
there is a strong or probable presumption that the jury on
the trial would acquit the person charged he may dismiss the
case.

17. If a magistrate, on the hearing of such a charge is of
opinion that, thought the person charged is shown to have
been guilty, the libel was of a trivial character, and that the
offence may be adequately punished by virtue of the powers
of this section, he shall cause the charge to be reduced into
writing and read to the person charged, and then address a
question to him to the following effect:-Do you desire to
be tried by a jury or do you consent to the case being dealt


































with summiarily? and if such person assents to the case
being dealt with summarily, the magistrate may summarily
convict him and adjuge him to pay a fine not exceeding
two hundred and fifty dollars.

18. At the trial of an action for a libel contained in any
newspaper the defendan shall be at liberty to give in
evidence in mitigation of damages that the plaintiff has
already recovered (or has brought actions for) damages, or
has received or agreed to receive compensation in respect of
a libel or libels to the same purport or effect as the libel
which such action has been brought.

19-(1) No criminal prosecution shall be commenced
against any proprietor, publisher, editor, or any person
responsible for the publication of, a newspaper for any libel
published therein without the order of a judge in chambers
being first had and obtained.

(2) The application for such order shall be made on notice
to the accused person, who shall have an opportunity of
being heard, against such application.

20.-(1) It shall be competent for the Supreme Court, on
an application by or on behalf of two or more defendants in
actions in respect to the same, or substantially the same,
libel broght by one and the same person, to make all order
for the consolidation of such actions; and after such order
has been made, and before the trial of the said actions, the
defendants in any new actions instituted in respect to the
same, or substantially the same, libel shall also be entitled
to be joined in a common action on a joint application being
made by such new defendants and the defendants in the
actions already consolidated.

(2) In such consolidated action the jury shall assess the
whole amount of the damages, if any, in one sum, but a
separate shall be taken for or against ench defendant
in the same way as if the actions had been tried separately
and if the jury have found a verdict against the defendant
or defendants in more than one of the actions so consolidated,
they shall proceed to apportion the amount of damages
which they have so found between and against the said last-
mentioned defendants; and similar provisions shall apply if
the trial is before a judge without a jury. The judge at the




















trial, if he awards to the plaintiff the costs of the action, shall
thereupon make such order as he may deem just for the
aportionment of such costs between and against such
defendants.

[s. 21, rep. No. 19 of 1917.]

22. Every person charged with the offence, of libel before,
any court of criminal jurisdiction, and the wife or husband
of the person so charged, shall be competent, but not com-
pellable, witnesses on every hearing at every stage of such
charge.

23. Words spoken and published which impute unchastity
or adultery to any woman or girl shall not require special
damage to render them actionable: Provided that, in any
for words spokewand made actionable by this Ordi-
nance, a plaintiff shall not recover more costs than damages,
unless the judge at the trial certifies that there was reasonable
ground for bringing the action.

24. Nothing in this Ordinance shall apply to an ex officio
information filed by the Attorney General or to any informa-
tion by the Registrar of the Supreme Court, by the direction
of the court, at the instance of some private Individual.
[Originally No. 5 of 1887.. No. 19 of 1917. Law Rev. Ord., 1924.] Short title. Interpretation. 44 & 45 Vict.c. 60, s. 1. Ordinance No. 4 of 1886. Admissibility in evidence, in mitigation of damages in action for defamation, of apology. 6 & 7 Vict.c. 96, s. 1. Right of defendant in action for libel to plead absence of malice, etc., and apology. 6 & 7 Vict.c. 96, s. 2. Publishing or threatening to publish libel, or proposing to abstain from publishing anything, with intent to extort. 6 & 7 Vict.c. 96, s. 3. [cf. No. 2 of 1865, s. 15; No. 5 of 1865, s. 32; No. 6 of 1865, s. 41, etc.] Publishing false defamatory libel. 6 & 7 Vict.c. 96, s. 4. Publishing defamatory libel. 6 & 7 Vict.c. 96, s. 5. Trial of information for defamatory libel. 6 & 7 Vict.c. 96, s. 6. Evidence to rebut prima facie case of publication by agent. 6 & 7 Vict.c. 96, s. 7. Right of prosecutor and of defendant to costs on prosecution for private libel. 6 & 7 Vict.c. 96, s. 8. Stay of proceding aagainst person for publication of papers printed by order of Legislative Council upon certificate and affidavit of authority to publish. 3 & 4 Vict.c. 9, s. 1. Stay of proceeding when commenced in respect of copy of authenticated report, etc. 3 & 4 Vict.c. 9, s. 2. Defence in proceeding for printing extract from report, etc. 3 & 4 Vict.c. 9, s. 3. Privilege of newspaper report of proceedings in court. 51 & 52 Vict.c. 64, s. 3. Privilege of newspaper reprot of proceedings of public meeting and of certain bodies and persons. 51 & 52 Vict.c. 64, s. 4. Inquiry by magistrate as to libel being true, etc. 44 & 45 Vict.c. 60, s. 4. Provision as to summary conviction for libel. 44 & 45 Vict.c. 60, s. 5. Power to defendant to give certain evidence in mitigation of damages. 51 & 52 Vict.c. 64, s. 6. Order of judge required for prosecution of newspaper proprietor, etc. 51 & 52 Vict.c. 64, s. 8. Consolidation of actions. 51 & 52 Vict.c. 64, s. 5. Person charged may give evidence. 51 & 52 Vict.c. 64, s. 9. [cf. No. 14 of 1906.] Words imputing unchastity to woman or girl per se actionable. 54 & 55 Vict.c. 51, s.1. Saving as to ex officio informations.

[Originally No. 5 of 1887.. No. 19 of 1917. Law Rev. Ord., 1924.] Short title. Interpretation. 44 & 45 Vict.c. 60, s. 1. Ordinance No. 4 of 1886. Admissibility in evidence, in mitigation of damages in action for defamation, of apology. 6 & 7 Vict.c. 96, s. 1. Right of defendant in action for libel to plead absence of malice, etc., and apology. 6 & 7 Vict.c. 96, s. 2. Publishing or threatening to publish libel, or proposing to abstain from publishing anything, with intent to extort. 6 & 7 Vict.c. 96, s. 3. [cf. No. 2 of 1865, s. 15; No. 5 of 1865, s. 32; No. 6 of 1865, s. 41, etc.] Publishing false defamatory libel. 6 & 7 Vict.c. 96, s. 4. Publishing defamatory libel. 6 & 7 Vict.c. 96, s. 5. Trial of information for defamatory libel. 6 & 7 Vict.c. 96, s. 6. Evidence to rebut prima facie case of publication by agent. 6 & 7 Vict.c. 96, s. 7. Right of prosecutor and of defendant to costs on prosecution for private libel. 6 & 7 Vict.c. 96, s. 8. Stay of proceding aagainst person for publication of papers printed by order of Legislative Council upon certificate and affidavit of authority to publish. 3 & 4 Vict.c. 9, s. 1. Stay of proceeding when commenced in respect of copy of authenticated report, etc. 3 & 4 Vict.c. 9, s. 2. Defence in proceeding for printing extract from report, etc. 3 & 4 Vict.c. 9, s. 3. Privilege of newspaper report of proceedings in court. 51 & 52 Vict.c. 64, s. 3. Privilege of newspaper reprot of proceedings of public meeting and of certain bodies and persons. 51 & 52 Vict.c. 64, s. 4. Inquiry by magistrate as to libel being true, etc. 44 & 45 Vict.c. 60, s. 4. Provision as to summary conviction for libel. 44 & 45 Vict.c. 60, s. 5. Power to defendant to give certain evidence in mitigation of damages. 51 & 52 Vict.c. 64, s. 6. Order of judge required for prosecution of newspaper proprietor, etc. 51 & 52 Vict.c. 64, s. 8. Consolidation of actions. 51 & 52 Vict.c. 64, s. 5. Person charged may give evidence. 51 & 52 Vict.c. 64, s. 9. [cf. No. 14 of 1906.] Words imputing unchastity to woman or girl per se actionable. 54 & 55 Vict.c. 51, s.1. Saving as to ex officio informations.

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