DEFAMATION AND LIBEL ORDINANCE, 1887

DEFAMATION AND LIBEL ORDINANCE, 1887

No. 1 of 1887.
to amend the law respecting defamatory words and libel.
[22nd February, 1887.]
1. The Defamation and Libel Ordinance, 1887.

2. In this Ordinance---
' newspaper ' and ' proprietor' have the same meanings
respectively as those words have in the Printers and Publishers
Ordinance, 1886 ; and. ' newspaper ' includes any other periodical
publication.
'Report of the Legislative Council' includes any report, paper,
role or other proceeding of the council.
'Information' includes indictment.

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 evidece in mitigation of demages 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 newspaper it
shalll be competent to the defendant to set up as a defence that
the libel was inserted in the newspaper without actual malice and
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 suhc defence: Provided


that it shall not be competent to any defendant in such action to
set up any defence as aforesaid witout at the same time making
a payment of money into Court by way of amends, and every such
defence so filed without such payment into Court shall be deemed
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 confer or procure for any person any appointment or
office or profit or trust, shall be liable to imprisonment for any
term not exceeding 3 years: Provided that nothing herein contained
shall in any manner after of affect 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 imprisonment,
without hard, labour, for any term not exceeding 2 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 matters charged as a defence to the information, it shall be
necessary for him, in 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 pronouncing 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 that 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 without such plea of justification: Provided,
also, that in addition to such plea it shall be competent to the
defendant to plead a plea of not guilty: Provided, further, that
nothing in this Ordinance shall take away or prejudice any defence
under a plea of not guilty which it is now competent to the defendant
to make under such plea to any information for defamatory
words or libel.

9. Whenever, on the trial of any information for the publication
of a libel, under the plea of not guilty, 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 competent 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 on his
part.

10.-(1) In the case of any information at the instance of a
private prosecutor for the publication of any defamatory libel, if
judgment is given for the defendant, he shall be entitled to recover
from the prosecutor the costs sustained by the defendant by reason
of 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.

11. 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 commenced, or before a Judge, first giving 24
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 the Councils, staing that the 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 affadavit verifying such certificate; and the Court
to Judge shall thereupon immediately stay such proceeding, 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 case of any civil or criminal proceeding to be commenced
for or on account or in respect of the publication of 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 affadavit 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 an end to, determined, and superseded.

13. It shall be lawful in any civil or criminal proceeding to be
commenced for printing 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 published bona
fide and without malice; and if such is the opinion of the jury, a
verdict of not guilty shall be entered for the defendant.

14. A fair and accurate report in any newspaper of proceedings
publicly heard before any Court shall, if published comtemporaneously
with such proceedings, be privileged: Provided that nothing
in this section 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 neither
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 them or him for the information 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 contradication 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 abridege any privilege now by law existing or to protect the
publication 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 bona fide and lawfully held for a lawful purpose, and
for the furtherance or discussion of any matter of public corcern,
whether the admission thereto is general or restricted.

16. A Magistrate, on the hearing of a charge against a proprietor,
publisher, 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 and accurate and published without malice, and
as 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 cahrge is of opinion
that, though the person charged is shown to have been guilty,
the libel was of a trivial character, and the 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 summarily?' and if such person assents
to the case being dealt with summarily, the Magistrate may summarily
convict him and adjudge him to pay a fine not exceeding
250 dollars.

18. At the trial of an action for a libel contained in any newspaper
the defendant shall be at liberty to give in evidence in
mitigation of damages that the plaintiff has already recovered (or
has brough action 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 for 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 brought by
one and the same person, to make an 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 verdict
shall be taken for or against each 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 apportionment
of such costs between and against such defendants.

21. It shall not be necessary to set out in any information or
other judicial proceeding instituted against the publisher of any
obscene libel the obscene passages, but it shall be sufficient to
deposit the book, newspaper, or other document containing the
alleged libel with the information or other judicial proceeding,
together with particulars showing precisely, by reference to pages,
columns, and lines, in what part of the book, newspaper, or other
document the alleged libel is to be found, and such particulars shall
be deemed to form part of the record, and all proceedings may
be taken thereon as though the passages complained of had been
set out in the information or other judicial proceeding.

22. Every person charged with the offence of libel before any
Court of criminal jurisdication, and the wife or husband of the
person so charged, shall be competent, but not compellable, 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 action for words
spoken and made actionable by this Ordinance, a plaintiff shall not
recover more costs than damage, unless the Judge at the trial
certifies that there was resonable 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 information by
the Registrar of the Supreme Court, by the direction of the Court,
at the instance of some private individual.

Short title. Interpretation. [44 & 45 Vict.c.60 s.1.] [cf. No.4 of 1886.] Admissibility in evidence, in mitigation of damages in action for defamation, or apology, [6 & 7 Vict.c. 96 s.1.] Right of defendant in action for libel to plead absence of malice, etc., and apology. [ib.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.] Publishing false defamatory libel. [ib.s.5.] Trial of information for defamatory libel. [ib.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. [ib.s.8.] Stay of proceedings against 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 proceedings when commenced in respect of copy of authenticated report, etc. [ib.s.2.] Defence in proceeding for printing extract from report, etc. [ib.s.3.] Privilege of newspaper report of proceedings in Court. [51 & 52 Vict.c 64 s.3.] Privilege of newspaper report of proceedings of public meeting and of certain bodies and persons. [51 & 52 Vict.c. 61 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. [ib.s.8.] Consolidation of actions. [ib.s.5.] Obscene matter need not be set out in information or other judicial proceeding. [51 & 52 Vict.c.64 s.7.] Person charged may give evidence. [cf. No. 14 of 1906.] [ib.s.9.] Words imputing unchastity to woman or girl per se actionable. [54 & 55 Vict.c. 51 s.1.] Saving as to ex officio informations.

Short title. Interpretation. [44 & 45 Vict.c.60 s.1.] [cf. No.4 of 1886.] Admissibility in evidence, in mitigation of damages in action for defamation, or apology, [6 & 7 Vict.c. 96 s.1.] Right of defendant in action for libel to plead absence of malice, etc., and apology. [ib.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.] Publishing false defamatory libel. [ib.s.5.] Trial of information for defamatory libel. [ib.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. [ib.s.8.] Stay of proceedings against 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 proceedings when commenced in respect of copy of authenticated report, etc. [ib.s.2.] Defence in proceeding for printing extract from report, etc. [ib.s.3.] Privilege of newspaper report of proceedings in Court. [51 & 52 Vict.c 64 s.3.] Privilege of newspaper report of proceedings of public meeting and of certain bodies and persons. [51 & 52 Vict.c. 61 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. [ib.s.8.] Consolidation of actions. [ib.s.5.] Obscene matter need not be set out in information or other judicial proceeding. [51 & 52 Vict.c.64 s.7.] Person charged may give evidence. [cf. No. 14 of 1906.] [ib.s.9.] 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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