Slander and Libel Act 1847 No 13a (NSW)
| 1684 | 13. | i r YIC. | 1847. |
Slander and Libel.
No. XIII.
Slander and
| I jI bel. | An Act to amend the Law respecting defamatory |
| words and Libel. | [24 /̂i August, 1847.] |
PreamLie. TT^OR the better protection of private character and for the more
effectually securing the liberty of the press and tor better preventing
| E ig iy of action for | abuses ill excrcisiiig the said lihertv | Be it enacted hv His Excellency |
| written slander ex~ | ^ |
tended to oral slander, tlic Govemoi’ of New South Wales w ith the advice and consent of the
Legislative Council thereof That the right of action for oral slander shall extend to all defamatory words for which an action m ight now ho maintained if the same were reduced into writing and that all the rules now in force relating to actions for w ritten slander shall so far as they are applicable and are not altered by this Act be deemed applicable to all actions for such defamatory words.
Proviso where plain- 2. Provided always and he it enacted That on the trial of any
ilkeV*̂ trTe injured actioii for defamatory words not unpu tingan indictable offence it shall thereby. he competent to the ju ry under the plea of not guilty to consider
whether the words set forth in the declaration Avere spoken on an occasion Avhen the plaintiff’s character Avas likely to he injured thereby and if the jury shall be of opinion tha t the said aa ords were spoken on an occasion AAdien the plaintiff’s character Avas not likely to he injured thereby to find a verdict for defendant.
| ofTer of an apology | 3 . And he it enacted That in any action for defamation it shall |
| deiTcê in *̂ mitigation | laAvful for the defendant (after notice in Avriting of his intention so to do duly givcu to tlic plaintiff at the time of filing or delivering the plea in such action) to give in evidence in mitigation of damages th a t 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 shall have been commenced before there Avas an opportunity of making or offering such apology. |
| of damages. |
| Truth of matters | 4. And be it enacted That in any action for defamation w hether |
| cliarged uo defence ^ |
| unless for the public O lu i | othei’AA'ise the truth of the matters charged shall not amount |
| benefit that such |
| matters should bo | to a defence to such action unless it Avas for the public benefit that the |
| published. | said matters charged should be published and that where the truth of such matters charged shall he relied upon as a defence to such action it shall be necessary for the defendant in his plea of justification to allege that it was for the public benefit that the said matters charged should be published and the particular fact or facts by reason whereof it Avas for the public benefit that the said matters charged should he published and that unless the said allegation shall he made out to the satisfaction of the jury as AA-ell as the truth of the said matters charged the plaintiff shall be entitled to recover a verdict Avith such damages as the jury shall think proper. |
| -\ctions not main |
| tainable against | 5. And be it enacted That no action indictment or information |
| newspapers unless | shall he maintainable against any ncAvspaper or other publication for |
| in certain cases. | a faithful and accurate report of any judicial proceedings the same not |
| Proviso as to | |
| obscenity or blas | being of a preliminary nature Provided ahvays that it shall not be laAV- |
| phemy and j udicial | ful for any neAvspaper or other periodical publication to publish any |
| proceedings. | m atter of an obscene or blasphemous nature nor any judicial proceed ings AÂ hich may not be concluded and Avhich the presiding Judge may pronounce it improper to jmblish at their then stage. |
| In an action against | 0 . | it enacted That in an action for a libel contained in |
| the defendant may | ally pubiic newspaper or O th e r periodical publication i t shall be com- | |
| plead that it was | petent to the defendant to plead that such libel A vas inserted in such | |
|
| 1847. | ir VIC. | No. 13. | 1685 |
Slander and Libel.
newspaper or other periodical publication without actual malice and inserted witJiout
witliout gTOss ncg'ligencc and tha t before the commencement of the neg!ec7m?dT̂^̂^̂ ̂
action or at tlie earliest opportunity afterwards lie inserted in sucli money into court aa
newspaper or other periodical puhlicatioii a fall apology for tlic said
libel or if the newspaper or periodical publication in which the said
libel ajipeared should he ordinarily published at intervals exceeding
one week had offered to pulilish the said apology in any newspaper or
periodical publication to he selected by the plaintiff in such action and
th a t every such defendant shall upon filing sucli plea he at liberty to
pay into Court a sum of money by way of amends for the injury sus
tained by the publication of sucli libel and such payment into Coui't
sliall lie of the same effect and he available in the same m anner and to
the same extent and he subject to the same rules and regulations as
to payment of costs and the form of pleading except so far as regards
the ])leading of the additional facts hereinbefore required tobejileaded
by such defendant as if actions for lil)cl had not been excepted from
the personal actions in which it is lawful to pay money into Court
under an Act of the Governor and Legislative Council of Xew South
Wales }>assed in the fifth year of the reign of I te r ^lajesty Queen Vic
toria intituled “ A« A ct fo r the fu rther amendment o f the Jjawaml the &
heller advancement o f JnsUee” and tha t to sucli plea to such action it
shall he competent to the jdaintiff to reply generally denying the whole
of such plea.
7. And he it enacted That if any person sliall publish or tlsreatcn PuWisiiing m- tineat-
to publish any libel upon any other person or shall directly or indirectly ubji*̂ &c. witil'Intent threaten to prin t or publish or shall directly or indirectly propose to P”"- abstain from printing or publisJung or shall directly or indirectly otter ment and haid labor, to prevent the printing or publishing of any m atter or thing touching
any other person ivith intent to extort any money or security for money or any valuable thing from such or any other person or with in ten t to induce any person to confer or procure for any jiersoii any appointment or office of profit or tru s t every such olTender on being convicted thereof shall he liable to he imprisoned with or w ithout hard labor in the common gaol or house of correction for any term not exceeding three years. Provided always tha t nothing herein contained shall in any m anner alter or affect any law now' in force in respect to the sending or delivery of threatening letters or wu’itings.
8 . And he it enacted That if any person shall maliciously Punishment of false
publish any defamatory libel knowing the same to be false every such '“-'lamatory iibei
person being convicted thereof shall be liable to be imprisoned in the
common gaol or house of correction for any term not exceeding two
years and to pay such fine as the Court shall award.
| 9. | And he it enacted That if any person shall maliciously publish | myiimoiig de- |
| any defamatory libel every such person being convicted tliereof shall | ^ ' |
| be liable to fine or imprisonment or both as the Court may award such imprisonment not to exceed the term of one year. |
10. And he it enacted That on the trial of any indictment or Proce(.ainpuponthe
information for a defamatory libel the defendant having pleaded sucli
plea as hereinafter mentioned the tru th of the m atters charged may defamatory iibei.
he inquired into hut shall not amount to a defence unless it was for
the public benefit tha t the said m atters charged should he published
and tha t to entitle the defendant to give evidence of the tru th of
such m atters charged as a defence to such indictment or information
it sliall be necessary for the defendant in pleading to the said indict
ment or information to allege the tru th of the said m atters charged in
the m anner now required in pleading a justification to an action for
defamation and further to allege that it was for the public Ixmefit that
the said m atters charged should he published and the particular fact
| 1686 | IS'o. 13. | ir VIC. | 1847. |
Slander and Libel.
or facts by reason whereof it was for the public benefit th a t the said m atters charged should be published to which plea the prosecutor shall be a t liberty to reply generally denying the whole thereof and tha t if after such plea the defendant shall he convicted on such indictm ent or information it shall be competent to the Court in pronouncing sentence to consider whether the guilt of the defendant is aggravated or m itigated by the said plea and by the evidence given to prove or to disprove the same Provided always th a t the tru th of the m atters charged in the alleged lihel eomplained of by such indictment or information shall in no case be inquired into without such plea of
| Double plea. | justification Provided also tha t in addition to such plea it shall he competent to the defendant to plead a plea of not guilty Provided |
| in civil and criminal | |
| Plea of not guilty | likewise th a t nothing in this Act contained shall take away or |
| proceedings. | prejudice any defence under the plea of not guilty which it is now competent to the defendant to make under such plea to any action or indictm ent or information for defamatory words or lihel. |
| Evidence to rebut | 11. And he it enacted That wheresoever upon the trial of any of not guilty evidence shall have been given which shall establish a presumptive case of publication against the defendant by the act of any other person by his authority it shall be competent to such defendant to prove th a t such publication was made w ithout his authority consent or knowledge and tha t the said publication did not arise from want of due care or caution on his part. |
| prima facie case of | |
| publication by an | indictm ent or information for the publication of a libel under the plea |
| agent. |
On prosecution for 12. And hc it cnactcd That in case of any indictm ent or
dmiTlntit'ifd'tf costs information by a private prosecutor for the publication of any defa-
on acquittal. m atory libel if judgm ent shall he given for the defendant he shall he
entitled to recover from the prosecutor the costs sustained by the said defendant by reason of such indictm ent or information and tha t upon a special plea of justification to such indictment or information if the issue he found for the prosecutor he shall be entitled to recover from the defendant the costs sustained by the prosecutor by reason of such plea such costs so to be recovered by the defendant or prosecutor respectively to be taxed by the proper officer of the Court before which the said indictment or information is tried.
| Plaintiff having ob- | 13. And be it enacted That whenever any person shall be |
| levy costa"&c | convictcd either in a civil or criminal proceeding of printing or pub- |
| types &c. used in | blisliiug a dcfamatoi’y article the plaintiff or jirosecutor in whose |
| printing defamatory | jpidgpQent shall liavc hccn givcn shall he at liberty under his w rit | ||||
| article as well as out |
|
| of the property of the of cxccution to Icvy the costs damages penalty and expenses named | defendant on the | |
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| any\\asVhenm Act no law wliicli is now 01’ may hereafter be in force in the said | ||
| ||
| lieved from suchimprisonment for debt shall extend or be construed to extend to affect | ||
| liability by any Act or discharge from his liabilitv any person who shall be indebted for | ||
| debtors or for aboii- aiiy penalty damages oi’ costs adjudged against rum in any proceeding fordebt.”’’''*""'”'̂ '’̂ either civil or criminal for the printing or publishing of any blasphe |
mous seditious or defamatory words or lihel.
Benefits of this Act 1 5 . And be it cnactcd That no defendant in any proceeding
deindan^wL*sbâ f civil 01' Criminal shall be able to avail himself of any of the benefits
not have complied or advantages of this Act unless at the time of the publication of the
ments of the laws for article complaincd ot it it be a printed article all the provisions made
pm ting^m i pubii- pcgulating tlic prin ting and publication of newspapers and
| cation of news- | papcrs of a like nature or of the trade of printing generally ajiplicalile |
| papers &c. |
| 1847. | 11° VIC. | No. 14. | 1687 |
lAglit-housc Dues.
to such a work as th a t in which such article may he printed shall have been complied w ith but such defendant shall nevertheless he bound by the other parts of this Act and any specified non-compliances w ith the law shall lie a good answer to any pleading under this Act.
IG . And he it enacted That wherever throughout this Act in lutcrpictation of
describing the plaintiff or defendant or the party affected or intended to ho affected by the offence words are used importing the singular num ber or the masculine gender only yet they shall be understood to include several persons as well as one person and females as well as males unless Avhen the nature of the provision or the context of the Act shall exclude such construction.
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