The Ashburton Guardian. Magna est Veritas et Prævalebit. TUESDAY, MAY 17, 1887. NEWSPAPER LIBEL.

Ashburton Guardian, Volume V, Issue 1560, 17 May 1887, Page 2

The Ashburton Guardian. Magna est Veritas et Prævalebit. TUESDAY, MAY 17, 1887. NEWSPAPER LIBEL.

! The need for some better definition , of the privileges of the newspaper press m relation to the publication of reports of public proceedings has long been apparent, and it is not less clear that [ some legislative provision should be made to prevent vexatious, frivolous and unjustifiable libel actions, We do not for a moment urge that publishers and journalists should be accorded license to print just whatever pleases them with a reckless disregard for the fair fame or reputation of any who may be the subject of animadversion or disparaging comment. On the contrary we hold that the penalties of the law are not one whit too severe for the punishment of those dasturdly literary thieves and assassins, who are guilty of robbing their victims of what an honorable man values more than worldly goods — his good name — and of wounding and stabbing, with a more cruel puipose than his who seeks to inflict mere bodily injury. But while such as these deserve all and more than the penalties which the law provides, there is on the other hand obvious need for the protection of the press from the persecution which is now possible to any person jvho has a grudge or a grievance however silly, flimsy and fictitious. It is not enough to be able j safely to rely (even if such reliance be possible) upon the common sense and fair dealing of juries, ior unnecessary , and unjustifiable libel suits, even though the issue be decided for the defendant ! newspaper mean, necessarily more or less heavy expenses, not to speak of i annoyance and inconvenience. It is, therefore, with much satisfaction that we observe that the member for Dunedin West, Mr t)ownie Stewart, ! has introduced a Bill which will effect a much-needed amendment of the law. As regards reports 01 public proceedings the Bill provides that any report published m a newspaper of the "proceedings of a public meeting shall be privileged, if the meeting be lawfully convened for a lawful purpose, if the report be fair and accurate and published without malice, and if the publication of the matter complained of is for the public benefit, with aproviso, however, that the protection afforded by these provisions shill be forfeited if the newspaper publishing the report tetfssas to insert a reasonable letter or statement of explanation or contradiction. As & safeguard against the prosecution of frivolous actions it is provided that no .criminal prosecution for libel against a newspaper may b$ I

commenced without the written fiat of the .Attorney-General or an order of a Judge of the Supreme Court. A charge brought before a Court of Summary Jurisdiction (&., before Justices or a Resident Magistrate) may be dismissed if the Court shall be ot opinion that there is a strong or probable presumption that a jury would acquit the person charged; or if the libel be shown to be of a trivial character the case may with the consent of such person be dealt with summarily by way of fine m any amount not exceeding ;£ioo. A newspaper containing the matter complained of is to be admissible m evidence without proof of publication, if such newspaper is proved to be the one referred to, although the title of the paper may have been changed since the date of its registration. Lastly there is the very sansible provision that "if the court" m which any action for libel is pending, or a Judge thereof is satisfied that the cause of action is frivolous, or that the plaintiff, if unsuccessful, would not be able to pay the defendant's costs, such Court or Judge may order a stay of such action until the plaintiff shall give security by bund, deposit of money, or otherwise for the defendant's costs of such action to an amount not exceeding fifty pounds." The Bill is a very useful and necessary one and we hope that Mr Stewart will succeed m getting it passed into law during the present session.