A DIGEST OF THE LAW OF LIBEL AND SLANDER.

Fair and bona fide Comment on Matters of Public Interest

Criticism defined and distinguished from Defamation

Assertions of Facts no comment

Malicious and Unfair Attacks

What are matters of Public Interest

Affairs of State

19

25

27

29

30

32

33

35

38

40

42

Administration of Justice

Public Institutions and Local Authorities

Ecclesiastical Affairs

Books, Pictures, &c.

Theatres, Concerts, and other Public Entertainments

Other Appeals to the Public

PART II.-SLANDER.

I. Words imputing an Indictable Offence

Words of Suspicion only

Early Cases on this Subject

The Crime imputed must be possible

II. Words imputing a Contagious Disease

III. Words spoken of the Plaintiff in the way of his Office, Profession

Such Words must affect him in such Office, Profession or Trade

Imputation of Professional Ignorance or Unskilfulness

Words imputing Want of Integrity to any one holding an Office

of Trust.

Words concerning Clergymen

Words concerning Barristers, Solicitors, &c.

Words concerning Physicians and Surgeons

Words affecting Traders in the way of their Trade
Imputations of Insolvency

Imputations of Dishonesty in the Conduct of their Trade

IV. Words Actionable only by reason of Special Damage

Words imputing Immorality

Unsatisfactory State of the Law on this point

All words causing Special Damage are Actionable

II. Slander of Goods Manufactured or Sold by another

CHAPTER VI.

PUBLICATION

Definition of.

Husband and Wife

Plaintiff must Prove a Publication by the Defendant in fact

Onus of Proving Words true is on the Defendant

The whole Libel must be Proved true

The Rule applies to all Reported Speeches or Repetitions of Slander.

Justification must be Specially Pleaded

True Charge made Maliciously.

CHAPTER VIII.

138-150

138

ib,

142

PRIVILEGED OCCASIONS

Defence that Words were spoken on a Privileged Occasion

The Judge to Decide whether Occasion is Privileged or not

181-268

181

183

I. WHERE CIRCUMSTANCES CAST UPON THE DEFENDANT THE DUTY OF

MAKING A COMMUNICATION.

A. Communications made in pursuance of a Duty owed to Society

Duty may be Moral or Social.

(i) Characters of Servants

201

(ii) Other Confidential Communications of a Private Nature.

(a) Answers to Confidential Inquiries

204

(b) Confidential Communications not in answer to a previous

Inquiry.

208

(c) Communications made in Discharge of a duty arising

from a Confidential Relationship

210

(d) Information volunteered when there is no Confidential

Relationship

213

Difficulty of the Question

214

Provinces of Judge and Jury

216

Charges against Public Officials

(iii) Information as to Crime or Misconduct of others

Person applied to must have some Jurisdiction to entertain

Complaint

B. Communications made in Self-Defence.

(iv) Statements necessary to protect Defendant's private Interests. 229

(v) Statements provoked by a previous attack by Plaintiff on

Defendant

II. WHERE THE DEFENDANT HAS AN INTEREST IN THE SUBJECT-MATTER

221

225

.

227

232

Statements invited by the Plaintiff

234

OF THE COMMUNICATION, AND THE PERSON TO WHOM THE COMMUNICA-

CHAPTER IX.

MALICE

Intention of Defendant as a rule immaterial

Material when the Occasion is one of Qualified Privilege

Malice defined

Mere Mistake never evidence of Malice.

I. Extrinsic Evidence of Malice

Former publications by Defendant of Plaintiff

278

281

exaggerated and un-

283

286

That the Words are false is alone no evidence of Malice

II. Evidence of Malice derived from the Mode and Extent of Publica-

tion, the Terms employed, &c. .

(i) Where the Expressions employed are

warrantable

(ii) Where the Mode and Extent of Publication is Excessive

CHAPTER X.

DAMAGES

291-336

(iv) Absence of Malice

General and Special Damage defined and distinguished

I. General Damages

Different kinds of General Damages

II. Special Damage where the words are not actionable per se

What constitutes Special Damage.

Special Damage must be specially pleaded

Loss of Custom

Special Damage subsequently arising

III. Special Damage where the words are actionable per se

IV. Evidence for the Plaintiff in Aggravation of Damages

Other Libels and Slanders .

Plaintiff's Good Character

V. Evidence for the Defendant in Mitigation of Damages

(i) Evidence falling short of a Justification

(ii) Previous Publications by Others

(iii) Liability of Others

(v) Evidence of Plaintiff's Bad Character

(vi) Absence of Special Damage

(vii) Apology and Amends

Not essential that such Third Person should believe the Charge

I. Injunctions to restrain or prevent Contempt of Court

forbidding Reports of Judicial Proceedings .

. 337-364

337

339