SLANDER LAW.

Auckland Star, Volume LXIX, Issue 189, 12 August 1938, Page 10

SLANDER LAW.

"SOME WEAKNESSES."

QUESTION OF PRIVILEGE.

NEED FOR AMENDMENT.

(From Our Own Correspondent.) WELLINGTON, Thursday.

A statement that the manner in which the radio broadcasting services had been used during the past few weeks had drawn attention to certain weaknesses in the la'w of slander which public opinion would soon force the Legislature to remedy, was made by Mr. O. C. Ma/.engarb, National party candidate for Wellington Suburbs, in an address at the National Club.

"The broadcasting of Parliamentary debates has also drawn attention to another interesting question," Mr. Mazengarb added. "Members of Parliament have always enjoyed certain rights and privileges in the discharge of their legislative duties. One of these privileges is complete immunity from civil or criminal action for anything said in the House. This protection arose at a time when they spoke to one another and when 'strangers' were not permitted in the galleries. Position Different.

I "But the position in New Zealand to- | tiny is somewhat different from what it was in England. Our statute provides that members of Parliament shall hold and enjoy the same privileges as were held by the member* of the British House of Commons on January- 1, 180.>. Does the fact that Parliamentary debates are .now broadcast in New Zealand deprive our representatives of their cherished privilege ? "The memltew of the House of Commons certainly did not have the privilege of talking slander over the radio | from their places in Parliament in 1805," continued the speaker, "and if the New Zealand Parliament does not resolve the doubt that now exists, some members | will run the risk of the Courts interpreting the statutory protection thev have held, and think they still hold, in way they will not like. In the meantime, however, they are secure in the knowledge that they cannot be made to attend Court and iiave this question settled for at least ten davs after Parliament rises."

The average member of the public might have difficulty in understanding how it was that a private letter describing a person as a drunkard, a malicious or malevolent liar might give rise to an action for heavy damn'res, but the same charges shouted in the street or broadcast over the radio might leave a person unjustly defamed entirely without remedy. said Mr, Mazengarb. Yet such was the of the law. A mar might call a person a 'malicious liar and that person had .no redress, but if a record were taken of the speech and that was broadcast, the person defamed would have an aotion for damages, not.because of what was broadcast, but because of the record. . Artificial Distinction. The anomaly jlrose from the earlv distinctions drawn libel " and slander when (Ike. principles of English law had first been 'developed. Speaking generally, libel iras"a; defamatory statement in a fiernljinrtit; form, such' as a newspaper, a plmjNfc|<pr a letter; but the * were spoken. Ijteca the transitory nature of the slander was not actionable unless-tbe person slandered had sufferied some monetary loss as the result. Therfe had always been a few cases 6f slander where action could' be brought for general damages, as, ifdr instance, (where the words impiited that 'plaintiff had committed a criminal offence. The artificial distinction between libel?; slander had been adopted" at a time' When the means of conveyance did. not permit of people assembling in very'large numbers, .and long before their words could be sent over the air to thousands of listeners in a flash.

"Mr. Scrinvreonr's action' on Sunday everiing following hard upon other intern pirate statements from Parliament iti#lf-has focused public attention -upon %he neceseity for, some amendment of the ; |aw;" said Mr. Mazengarb., Legislature eaiirtot continue '•'to''* / "the air* to be used 5 for ' disseminating jWMit' .U»ay he dastardly slanders withtoiirt; providing 'pef<torts.: fr> If' '^repent; Government will nqt meet tbe situaiiirin this session, elerioiw have to bear the' ' when' they -go to the ballot box."