Defamation Act 1863 (SA)

ANNO VICESIMO SEXTO ET VICERIMO SEPTIMO

A. D. 1863.

No. 16.

An Act to amend the Law relating to Defamatoy Words.

[Assented to, 12th November, 1863.1

HEREAS the Law does not provide any remedy for the speak- Pr*mble,

W ing of Defamatory Words, except in certain cases, and it is

expedient that the Law in that respect should be amended-Be it therefore Enacted by the Governor-in-Chief of thr! Province of South Australia, with the advice and conscnt of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

iefamatmy worda to

1. Any person who shall, without just cause, speak tmd publish ?' oe actionable.

any defamatory words, tcnding to injure the reputation of another. shall be liable to an action for dcfarnation. at the suit of the aersoil I

injured, in respect of the words so spoken k d published: Provided Proriao.

that, in any such action, unless the words impute an indictablc

offence, it shall be open to the jury by whom the same shall be tried,

Adelaide : Printed by authority by W. C. Cox, Government Printer, Yictoria*square.

or to the Court, in case such action shall be tried without the inter-

vention of a jury, undcr the plea of not guilty, to co~isider whether,

under the circumstances, when the words were spoken and published,

they were necessarily calculated to injure the reputation of the person

to whom they were applied; and if such jury or Court shall consider that the said words mcre not so necessarily calculated to injure repu- tation, as aforesaid, then there shall be a verdict for the defendant,

without any special justification: Provided also, that, in any such Pro~im.

action, it shall be lawful for the defendant to give in evidence, in mitigation of damages, that such defendant made or offered an apology to the plaintiff for such defamation.

In the name and on behalf of the Queen I hereby assent to

this Act,

D, DALY, Governor.

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