CRIMINAL DEFAMATION BILL

Wairarapa Daily Times, Volume XXIX, Issue 8279, 21 October 1905, Page 5

CRIMINAL DEFAMATION BILL

Liberty or License.

Free Speech in Danger.

Members Won't be Muzzled.

An All-Night Stonewall.

(Special io Daily Times.)

Since tho days, some years ago, when, in anticipation of a stonowall, members of the Houso of Representatives wero troated at midnight to a distribution of grey blankets, no better or moro persistent light between a minority and an nbsoluto majority has occurred than tho debate in committee that came oil' on Thursday night and Friday morning. The piece de resistance was a Bill of two clauses, called " Tho Criminal Codo Amondmont Bill, No. 2." Although it lookod harmless enough, and tho operative clause seemed mild as new milk, the measure was really a powerful muzzle for tho benefit of stump orators of tho florid, vindictive or unprincipled genus. The object was to amend the law of libel so as to render dofamation of character a criminal offence punishablo by fine or imprisonment. At present a " defamatory libel" is defined as "matter published, without legal justification or excuse, either designed to insult any person or likely to injure his reputation by exposing him to hatred, contempt or ridicule, or likely to injure him in his profession or trade, whether such matter be expressed in words, written cr printed, etc." The new Bill substitutes "criminal defamation" for "defamatory libel," and makes " spoken words " or "speaking" a criminal olTence, just as if they were published or printed.

The second reading, moved by the Minister of Justice, excited a somewhat warm denunciatory speech by Mr Taylor, M.H.R. This was vigorously replied to by the Premier, who was followed by Sir Joseph Ward. The Colonial Secretary was in capital form, and his utterances constituted one of the most brilliant efforts in the way of declamation that Parliament has listened to for years. The Premier referred by way of argument to the Meikle case, while Sir Joseph cited the attack recently made upon himself at a public meeting convened to consider the winding up of the Colonial Bank. When the House assembled after the dinner adjournment, the Bill went into Committee, and then the stonewall commenced. The leaders in wdiat proved a rather prolonged wrangle, were Messrs Taylor, Moss and Fisher. The Opposition proper carefully abstained from rendering much assistance, although Sir William Russell entered a strong protest, speaking on several occasions. The less conspicuous members of the stonewall contingent were Messrs Bedford (Dunedin), Harding (Kaipara), ancl Alison (Waitemata.)

Mr Herries, who is usually to the fore when a talking competition is on the board, complained that the effect of the Bill would be prejudicial to candidates, and asked that the "muzzle " should be held over till after the general election.

At midnight members began to thin out, and several took up a recumbent position. Several divisions were taken, ancl the lobby brigade, tumbling in, showed that over fifty members were " holding the fort." Motions to "report progress," and "that the Chairman leave the chair," were wearily debated, the speeches, which might have done duty in an asylum for the mentally afflicted, (although they certainly would not have graced even that kind of infirmary) for they were tame ancl pointless, being accompanied by a variety of loud nasal bugle-calls.

At 4 a.m., the House degenerated to a bare quorum, ancl of the twenty present a dozen were stretched out sound asleep, while most of the others had their eyes closed and were resting on their elbows. About 6 o'clock an effort was made to effect a compromise, the Premier offering to add a clause making defamation only criminal when uttered at duly advertised assemblies or at popular gatherings, and in the presence of a certain number. There were the symptoms of the offer being accepted ancl the stonewall ending when Messrs Taylor and Bedford, who had been absent for several hours, made a re-appearance, and trouble was renewed. When 6.30 arrived, attention was called to the state of the House, and from that time Messrs Bedford and Taylor were rung down at short intervals. Members took a hilarious delight in marching out in keeping the House going, while at the same time cutting up the protests of stonewallers, now reduced to Messrs Taylor, Bedford and Moss, into fragments much finer than ordinary road metal.

At 7 a.m. Mr Wilford, Acting Chairman, having ruled against the Speaker, his ruling was challenged, and a division being taken, it was decided that there should be'no appeal to Mr Speaker. Half an hour's further' wrangling between Mr Taylor and the Chairman ensued, ending in a division carried by 24 to 5 in the affirmative, that progress be reported in order that Mr Speaker be brought, duly gowned and wigged, to say whether foreign matter in the form of the rabbit nuisance, could be introduced.

Mr Speaker ruled the Chairman in order, and the Chairman ruled Mr Taylor out of order. This did not, however, prevent the loquacious member for Christchurch from reading down the Order Paper—commenting briefly on each Bill. By this time the Minister of Justice, seated at the table, was sound asleep. Mr Bedford, rising, and continuing the reading of the Order Paper, was first cautioned, ancl then ordered to resume his seat, as he had spoken four times. Serenely, Mr Fisher filled the breach, and the Premier, raising a point of order, the Chairman (Mr Wilford) assured him that he was " watching the hon. member and would pull him up sharp."

At 8 a.m. Mr Fisher was talking on the "principles of democracy" to a house of fourteen. By 22 to 7it was determined that the Chairman should stick to the Chair. Mr Bedford having called attention to an editorial opinion in the New Zealand Times .which, had just been circulated was warned that if he' ventured to introduce irrelevant matter, he would be excluded from the Chamber. The stonewall continued without any exciting incident for several hours and then the '' New Liberals " who had reached the yawning stage, took their oxit.

In the afternoon the debate became slow and weary, but the atmosphere was sultry and stifling. Interjections were frequent .and the Chairman (Mr Millar), after solemnly but ineffectively warning members of the cpnsequences "named" the Members for Nelson and Pahiatua whoso lips were thenceforth sealed by the stand ordors.

The Member for the Bay of Plenty—Mr Herries—falling back on his worn-out argument, about interfering with platform personalities and abuse, during the General Election, was tripped up by the Colonial Secretary ; and, the Member for Wairarapa venturing a protest, was warned of the danger of transgressing Standing Order No. 15G. In the evening the galleries were packed, but the speeches were, for the most part, pointless and lifeless.

At one o'clock, this morning, a compromise was effected, when the Premier submitted the following new clause (in place of tho other in the Bill), as the final position of the Government: —

"Every person who without legal justification or excuse speaks any words which are likely to injure the reputation of any other person by exposing such last mentioned person to hatred or contempt, or to injure him in his profession or trade, is guilty of ' criminal defamation,' which is hereby declared to be an offence; provided that the speaking of such words shall not constitute or be deemed to constitute an offence unless spoken within the hearing of not less than twenty persons at a meeting to which the public are invited to attend, or have access; provided further that no proceedings in respect of an offence against this Act shall be commenced after the expiration of two months after the commission of the offence.

" Tho provisions of sections 4, 5, 6, and 7 of the Criminal Code Amendment Act, 1901, shall, mutatis mutandis, extend and apply to all cases of criminal defamation; provided that before making any order under section 5 of that Act in respect of any offence of criminal defamation, the Judge or Magistrate making such order shall be satisfied that there is reasonable ground for a prosecution."

Mr Massey said the new clause was a decided improvement, and if it had been submitted at 5 o'clock on the preceeding afternoon this protracted debate would not have taken place.

Mr Bedford, on behalf of the New Liberal Party, accepted the Premier's proposals. The House agreed to the Bill in its amended form.

The Bill was-put through its final stages, and the stonewall was brought to a close, after twenty-eight hours' sitting.

At 2.10 a.m. the House rose until 11 a.m on Monday.