THE LAW OF LIBEL.

Evening Star, Issue 11694, 27 September 1902, Page 1

THE LAW OF LIBEL.

It must not be suppos-d that' New Zealand j«arnalrtß regard Mr Carncrc*'* BUI as anideal proposal, or even as folly representing what they have a righs to" expect at the' hands of the Legislature. Its passage" into' law would materially improve the erring state of matters, but grievance* would still remain, and (3 Government and Parliament would only rise to the occasion) it would be, much rett<T to carry a thoroughly adequate measure,, thereby rectifying .the position aij one stroke. Mr Garncross proposes to follow the 'anguage of the English statute, which prefects "fair and accurate" reports of all proceedings in 'the law courts, at public meetings, and meetings of public bodies This would undoubtedly be a step in advance, and, as such, would be thankfully welcomed by the journalists-of the Co'ony; but we are not without hope that the Legislature will refuse to stop halfway, and will give the Press full justice, when once a start is made. And the President of the New Zealand Joornaliste' Institute has no difficulty in showing that the wording of tbe English law, which is blso the law in some of the Australian colonies, *is not without serious dangers for the journalist, however careful and conscientious he may be—dangers which are strongly accentuated by . the every-day exigencies of newspaper pubUcation. The law protects "fair and accurate" reports: so far so good; but the judges, both at Home and in AusjtraLa, have ruled that this protection can only be extended to reports which are absolutely correct, with a balanced fulness in all parts. For instance,'a counsel, in opening his case in the law courts, makzs a statement which involves a damaging reflection on the character of someone or other; and perhaps this stated ntcnt loses its: force when the . witnesses corns to • be cross-examined.

In sucb a. case the judges . iold "that a newspaper which has published lie original statement must (in order, to secure the protection. of the- Act) also pur> lish the corrective evidence. .Bat the afternoon hurry in an evening newspaper office necessitates strict condensation in that portion of the report which relates to-proceed-irgs after ?unch time; or it may-be; that the reporter on duty in the afternoon fails-to perceive the drift of the "corrective evidence (stother reporter having ; taken down the damaging statement in the morning); .orhalf a dozen circumstances may preclude exact, adherence to the rule-laid down by the judges—circumstances - absolutely unavoidable under the bnstlmg* conditions incident to the preparation and publication ofevening hewsppers. - Not-that the dangers' are . confined- to evening papers, • butf 1 the' editor and sub-editor, as well as the ie-" porters, of a morning-paper naturally have more time to : ook out forp'tfajfo Jiid*chtw«e| their path. To qu-te from tie notice: "In any and, at of thecases! hsre;- " instanced [of which-.those "are ..ai.sanjgleX^V.(^uf^ajill ; "theTcport is " ing ; newspaper will "' ages.. .Yet none of- the- persons -coriceraeu "in the production of the papercan;: dur"ing the'turmoil and •buKte ? : ; aittendaht or " the production of an evening paper (and 1. "speak wiih positiveness. concerning>them.;: "for I am. treading.firm' " larly, during -the two hours immediately "prior to pu-.ljcation—-wh.n and " strain are most t severely ' feL—have the "faintest suspicqn of the mischjef that mav "lurk s in the. 'metal' before them." ThV 'writer •■ incidentally recommends-. the abolition of tho absurd practice.of jdiirihgf the publisher and printer with the proprietor k libel suits: in place of Ibis anachronism, "couple tLe real ac ual offenders—-Jio e wh ,< "were responsible for the pro- " prietor and the editor—and I, for my own "part, do not see'why the name of the re"sponsible ed.tor should not appear in boW "type over the leading column of ever} " journal in the land." '" - ..

It will.be seen that while the position of English and Australian ■ journalists, respecting hbel dangers, is pjeferab.e to thai occup.ed by their New Zealand brethren, it is still unfairly hampered; and there is one glaring injustice to - which.-they, as well: as we, are subjected. All newspaper proprietaries are liable to be;made the prey oi the unscrupu-ous; adventurous, and needy litigant, abetted (in many cases) by "unsc UjluLus, ad en u ous, and treedy lawyers of the Dodson and Fogg type. Both races are well known in the colonies. Dimedin has seen them in its time. The PresiWiu of the Journalists' Institute declines that in his thirty years' experience the paper which" he represents has been called upon to defend half a-dozen libel: actions—in only one of which the plaintiff gained a verdict. "We " won all the o^hi-rs: but in defending all ''save one we hud to pay' not only oui "own costs, but tailed to recover our. cosss " iiom the j-lajot ff, who in <.athinstat.ee bu ''one was a man of straw." From tht Press all over ttie Emp.re there is a demanu that po..er sJiouid lo to tLe judges, in" l jp.cic tiicums ano& r to eompe. piain.iffs to dtposic security lor costs;:.analAir ,Carn. : 'J cr(»ss's Bill contains a provision, to this effect, as well as for tha consolidation of actions where more than one is brought in reference to a single abe»—ah-equally.necta-1 sary reform.:

vv ben the of reform arrives—and we are optimistic enough to believe, that it. will not be delayed beyond the *; ex.sience. of the next Parliament—.he new law should be a codification as well as a reform. All the legal provisians and requirements on the subject of libel should be {gathered together in a simple and easily intelligible form, 'so that piessmen may easily know what' their position is.' Secondly, grateful as we are to Mr.Garncross for his loyal advocacy, and fully as we appreciate the many good points in his Bill, we trust that the when the good fit comes,.will,'revert to those clear aad reasonable provisions of Sir: Patrick Buckley'B draft Bill which are identical with the Queensland and Taemanian Acta This is the position taken up by the President of the. Journalists' Institute, .-and we do not think that there can be. any question, of its soundness and stablity. ' Under such a law it will be * permissible -"to j>ubl : sh ? in good" faith,- for the -'information of * the I "public, a fair report" of parliamentary proceedings (including committees); or to publish—again « m formation of the public parliamentary papers or' "iair jceporte'Vof the' nrecwdings tfConrte <*V&*fneUanhK

in the justice and quest Mow mpah longer