A.D. 1895.

Functions of

Defamation.

persons are likely to be induced to shun or avoid or ridicule or despise him, is called defamatory, and the matter of the imputation is called defamatory matter.

The imputation may be expressed either directly, or by insinuation or irony.

5 The question whether any matter is or is not defamatory is a Judge and jury. question of fact.

Definition of defamation.

Publication.

Publication of defamatory matter is prima facie unlawful.

Defamation actionable.

Privilege of
Parliament.

Petitions.

The question whether any matter alleged to be defamatory is or is not capable of bearing a defamatory meaning is a question of law.

6 Any person who, by words either spoken or intended to be read, or by signs or visible representations, publishes any defamatory imputation concerning any person, is said to defame that person.

7 Publication is, in the case of words spoken, the speaking of such words in the hearing of any other person than the person defamed; and, in the case of other defamatory matter, to deliver or read or exhibit it, or cause it to be delivered or read or exhibited, or in any other manner to communicate its contents or any part thereof to any person other than the person defamed: Provided, that the person making the publication knows or has the opportunity of knowing the contents or nature of the document or other thing containing the defamatory matter.

8 It is unlawful to publish defamatory matter, unless such publication is protected, or justified, or excused by law.

9 The unlawful publication of defamatory matter is an actionable wrong Provided always that words spoken shall not be actionable,

unless

1. They charge the person defamed with the commission of a crime; or

II. Impute to him a contagious or infectious disease tending to exclude him from society; or

III. Are spoken of him in reference to his office, profession, or

trade, or employment; or

IV. Can be proved to have caused special damage to the person

defamed:

Provided also, that words which impute unchastity or adultery to any woman or girl shall not require special damage to render them actionable; but in any action for words which impute unchastity or adultery to any woman or girl, a plaintiff shall not recover more costs than damages unless the Judge shall certify that there was reasonable ground for bringing the action.

Absolute Protection.

10-(1.) A Member of either House of Parliament does not incur any liability as for defamation by the publication of any defamatory matter in the course of a speech made by him in Parliament.

(2.) A person who presents a petition to either House of Parliament does not incur any liability as for defamation by the publication to that

Defamation.

House of Parliament of any defamatory matter contained in the A.D. 1895. petition.

(3.) No person incurs any liability as for defamation by publishing, Parliamentary by order or under the authority of either House of Parliament, any papers. paper containing defamatory matter.

11 No person incurs any liability as for defamation by publishing, Privileges of in the course of any proceeding held before or under the authority of Judges, witnesses, any Court of Justice, or in the course of any Inquiry made under the and others in authority of any Statute, or under the authority of Her Majesty, or of Courts of Justice. the Governor in Council, or of either House of Parliament, any

defamatory matter.

12 A person appointed under the authority of any Statute, or by Reports of official or under the authority of Her Majesty, or the Governor in Council, to inquiries. hold any Inquiry, does not incur any liability as for defamation by publishing any defamatory matter in any official Report made by him of the result of such Inquiry.

Reports of Matters of Public Interest.

13 It is lawful

Publication of

interest.

Proceedings of
Parliament.

(1.) To publish in good faith for the information of the matters of public
public a fair report of the proceedings of either House
of Parliament, or of any Committee thereof:
(2.) To publish in good faith for the information of the public Parliamentary
a copy of, or an extract from or abstract of, any paper papers.
published by order or under the authority of either

House of Parliament:

(3.) To publish in good faith for the information of the public Proceedings of
a fair report of the public proceedings of any Court Courts of Justice.
of Justice, whether such proceedings are preliminary or [51 & 52 Vict.
interlocutory or final, or of the result of any such Chap. 64, s. 4.]
(Comp. 21 Vict.
proceedings, unless in the case of proceedings which are No. 7, s. 1.)
not final the publication has been prohibited by the
Court, or unless the matter published is blasphemous or

obscene:

(4.) To publish in good faith for the information of the public Proceedings of
a fair report of the proceedings of any Inquiry held official Inquiries.
under the authority of any Statute, or under the Ib.
authority of Her Majesty, or of the Governor in
Council, or an extract from or abstract of any such
proceedings, or a copy of, or an extract from or abstract

of, any official Report made by the person by whom the
Inquiry was held :

(5.) To publish in good faith for the information of the public Public notifica-
at the request of any Government Office or Department, tions by Govern-
Officer of State, or Officer of Police, any notice or Ib.
Report issued by such Office, Department, or Officer for

the information of the public:

ment.

(6.) To publish in good faith for the information of the public Proceedings of
a fair report of the proceedings of any Local Authority, Local Authorities.
Board, or Body of Trustees or other persons, duly

Ib.

A.D. 1895.

Public meetings. [51 & 52 Vict. Chap. 64, s. 4.] (Comp. 21 Vict.

No. 7, s. 1.)

Definition of publication in

good faith for the

Defamation.

constituted under the provisions of any Statute for the discharge of public functions:

(7.) To publish in good faith for the information of the public a fair report of the proceedings of any public meeting, so far as the matter published relates to matters of public concern. The term "public meeting" means a meeting lawfully held for a lawful purpose, and for the bona fide furtherance or discussion of a matter of public concern, or for the advocacy of the candidature of any person for a public office, whether the admission to the meeting was open or restricted.

A publication is said to be made in good faith for the information of the public if the person by whom it is made is not actuated in making information of the it by ill-will to the person defamed, or by any other improper motive; and if the manner of the publication is such as is ordinarily and fairly used in the case of the publication of news.

public.

Exception.
Ib.

In the case of a publication of a report of the proceedings of a public meeting in a periodical, it is evidence of a want of good faith if the proprietor, publisher, or editor has been requested by the person defamed to publish in the periodical a reasonable letter or statement by way of contradiction or explanation of the defamatory matter, and has refused or neglected to publish the same forthwith.

14 It is lawful-

Fair Comment.

(1.) To publish a fair comment respecting any of the matters with respect to which the publication of a fair report in good faith for the information of the public is by the last preceding Section declared to be lawful:

(2.) To publish a fair comment respecting the public conduct
of any person who takes part in public affairs, or respect-
ing the character of any such person, so far as his
character appears in that conduct:

(3.) To publish a fair comment respecting the conduct of any
public officer or public servant in the discharge of his
public functions, or respecting the character of any such
person, so far as his character appears in that conduct :
(4.) To publish a fair comment respecting the merits of any
case, civil or criminal, that has been decided by any
Court of Justice, or respecting the conduct of any
person as a Judge, party, witness, counsel, solicitor, or
officer of the Court, in any such case, or respecting the
character of any such person, so far as his character
appears in that conduct:

(5.) To publish a fair comment respecting any published book
or other literary production, or respecting the character
of the author, so far as his character appears by such
book or production :

(6.) To publish a fair comment respecting any composition or work of art or performance publicly exhibited, or respecting the character of the author or performer or

Defamation.

exhibitor, so far as his character appears from the matter A.D. 1895. exhibited:

ments.

(7.) To publish a fair comment respecting any public entertain- Public entertain-
ment or sports, or respecting the character of any person
conducting or taking part therein, so far as his character
appears from the matter of the entertainment or sports,
or the manner of conducting the same:

(8.) To publish a fair comment respecting any communication Communications
made to the public on any subject.

to the public.

15 Whether a comment is or is not fair is a question of fact. If it Fairness of comis not fair, and is defamatory, the publication of it is unlawful.

ment is for the jury.

Truth.

16 It is lawful to publish defamatory matter if the matter is true, and if it is for the public benefit that the publication should be made.

Qualified Protection.-Excuse.

17 It is a lawful excuse for the publication of defamatory matter(1.) If the publication is made in good faith by a person having over another any lawful authority in the course of a censure passed by him on the conduct of that other in matters to which such lawful authority relates :

Truth published for the public benefit.

Excuse on personal grounds. Censure by per

sons in authority.

(2.) If the publication is made in good faith for the purpose of Seeking redress.
seeking remedy or redress for some private or public
wrong or grievance from a person who has, or is reason-
ably believed by the person making the publication to
have, authority over the person defamed with respect to
the subject-matter of such wrong or grievance:

(3.) If the publication is made in good faith for the protection Interest.
of the interests of the person making the publication, or

of some other person, or for the public good:

(4.) If the publication is made in good faith in answer to an Answer to
inquiry made of the person making the publication inquiries.
relating to some subject as to which the person by whom

or on whose behalf the inquiry is made, has, or is reason-
ably believed by the person making the publication to
have, an interest in knowing the truth:

(5.) If the publication is made in good faith for the purpose of Information.
giving information to the person to whom it is made
with respect to some subject as to which that person has,
or is reasonably believed by the person making the
publication to have, such an interest in knowing the
truth as to make his conduct in making the publication
reasonable under the circumstances:

(6.) If the publication is made in good faith on the invitation Challenge.
or challenge of the person defamed :

(7.) If the publication is made in good faith in order to answer Defence.
or refute some other defamatory matter published by the

A.D. 1895.

Public discussion.

Definition of good faith.

Burden of proof of good faith.

Relevancy and public benefit questions of fact.

Trivial matters not in writing.

Offer of an

apology admissi ble in evidence in

mitigation of damages.

21 Vict. No. 7, 8. 2.

In an action against a newspaper for libel the defendant

may plead that it was inserted with

out malice and without neglect and may pay money into Court

as amends. Ib., s. 3.

Defamation.

person defamed concerning the person making the publication or some other person:

(8.) If the publication is made in good faith in the course of, or for the purposes of, the discussion of some subject of public interest the public discussion of which is for the public benefit.

For the purposes of this Section, a publication is said to be made in good faith if the matter published is relevant to the matters the existence of which may excuse the publication in good faith of defamatory matter; if the manner and extent of the publication does not exceed what is reasonably sufficient for the occasion; and if the person by whom it is made is not actuated by ill-will to the person defamed, or by any other improper motive, and does not believe the defamatory matter to be

untrue.

Good Faith

18 When any question arises whether a publication of defamatory matter was or was not made in good faith, and it appears that the publication was made under circumstances which would afford lawful excuse for the publication if it was made in good faith, the burden of proof of the absence of good faith lies upon the party alleging such absence.

19 Whether any defamatory matter is or is not relevant to any other matter, and whether the public discussion of any subject is or is not for the public benefit, are questions of fact.

Oral Defamation.

20 In any case other than that of words intended to be read, it is a good defence to an action or prosecution for defamation to prove that the publication was made on an occasion and under circumstances when the person defamed was not likely to be injured thereby.

Provisions in respect of Actions for Defamation.

21 In an action for defamation the defendant may plead and prove in mitigation of damages that he made or offered an apology to the plaintiff for such defamation before the commencement of the action, or, if the action was commenced before there was an opportunity of making or offering such apology, as soon afterwards as he had an opportunity of doing so.

22 In an action for the publication of defamatory matter in a periodical, the defendant may plead that such matter was published without actual ill-will to the person defamed or other improper motive, and without gross negligence, and that before the commencement of the action, or at the earliest opportunity afterwards, he inserted in such periodical a full apology for such defamation, or, if the periodical in which the defamatory matter appeared was ordinarily published at intervals exceeding One week, offered to publish the apology in any periodical to be selected by the plaintiff.

The defendant must, upon pleading such defence, pay into Court a sum of money by way of amends for the injury sustained by the publication of the defamatory matter; and such payment into Court shall be of the same effect in all respects as in other cases of payment into Court.