LAW OF LIBEL.

Star (Christchurch), Issue 7187, 11 June 1891, Page 4

LAW OF LIBEL.

THE NEW PROPOSALS. fFEOM OUR OWN CORRESPONDENT ] WELLINGTON, June 10. The Libel Bill, about to be introduced by the Hon W. P. Beeves, is a measure based upon the existing laws in England and the. Colony, and calculated by many of its provisions to do something towards defining the limits within which comment may be published in the newspapers, and to diminish the unfair risks to which papers have now to submit. The most important of its provisions are as follow :— Section 3 makes it lawful to publish in good faith fair reports of (1) Parliamentary proceedings, (2) Parliamentary papers, (3) proceedings in Courts of Justice, unless publication has been prohibited of proceedings that are not final, or unless the matter is obscene or blasphemous, (4) official enquiries, (5) Government notifications, (6) proceedings at meetings open to the press so far as the matter iB of public importance (this applies to meetings of public bodies and all public meetings.) Publication is held to be made in good faith when not actuated by malice or improper, motive. Eefuaal to publish a reasonable explanation or statement, however, when requested to do so by a person defamed in any publication, shall make Buch publication libellous. Seotion 9 is as follows:— "In an action for the publication of a libel in a newspaper or other periodical, the defendant may plead that such libel was not published with actual ill-will, or with gross negligence, and that before the commencement of the action, or at the earliest opportunity afterwards, he inserted in such paper or periodical a full apology for ouch libel ; or if the newspaper or periodical in which the said libel appeared waa ordinarily, .published at intervals exceeding one week, had offered to publish the apology in any newspaper or periodical to be eelectedby the plaintiff. i The defendant shall, upon pleading such > defence, pay into Court a Bum of money by way of amends for the injury sustained by the publication Of the libel, and such pay- 1 ment into Court shall be of the same effect in all respects as in other cases of payment . into Court." . Section 10 provides that it shall be lawi ful for any person against whom an action i for libel may. be brought in the Supreme > Court, to satisfy a Judge of the said . Court;, by affidavit or otherwise, that the , .plaintiff has no visible means of paying i the coats of the defendant should a verdict ; be not found for the plaintiff ; and thereupon such Judge shall have power to make an order that unless the plaintiff within a . time to be therein mentioned gives full i security for the defendant's costs to the satisfaction of the Supreme Court, or • Batißfy the Judge that he has a cause at action fit to be prosecuted, proceedings i Bhall be stayed. In the event of the plaini tiff being unable, or unwilling, to give such security, or failing to satisfy the Judge as aforesaid, the Judge may . order that the cause be remitted for trial before a Resident Magistrate's Court , therein named, and thereupon the plaintiff ■ shall lodge the original writ and order | with the Clerk of the said Resident [ Magistrate's Court, who shall appoint a day for the hearing of the cause, notice whereof shall be sent by post, aa a registered letter or otherwise, to both parties or their solicitors. The Resident Magistrate's Court so named shall have all the powers and jurisdiction to try the case, and may award damages not exceeding £100, with or without coats; costs to be according to scale. ' Section 18 provides that in the case of 1 any indictment or information by a 1 private prosecutor for the publication of a defamatory libel (1) if the case : is acquitted the. defendant shall be entitled 'to recover from the prosecutor the costs sustained by him (by reason of such prosecution; (2) if the defendant pleads the truth of the matter published, and that the publication was for the public benefit, then if the issue is found for the prosecutor he shall be entitled "to recover from ' the defendant . the costs sustained by reason of such i plea ; (3) Buch costs so to be recovered by ' the defendant or prosecutor shall be duly taxed. Section 19 says :— Every person charged , before a court of criminal jurisdiction with the offence of libel, and the husband or wife of the person charged, shall be competent but not compellable witnesses. Section 21 provides :— Every proprietor of n newspaper or periodical is presumed to be criminally responsible for defamatory matter, but this may be rebutted by proof that the matter was inserted without the proprietor's knowledge and without negligence on. his part.