WHAT IS CRITICISM?
(Auckland Southern Cross). At intervals this question forcibly presents itself to the reflective mind, especially if such mind has to depict its reflections in the columns of a newspaper. We hear much and frequently of the vast advantages which flow from the ' free un trammelled' criticism of the Press. At the tail end of a public banquet the toast of ' The Press' is given with complimentary phrase, and the customary ' honors 1 and we believe at the moment, when the ruby liquid sparkles, those who cheer the toast feel collectively, something of the apparent enthusiasmthat springs from theimpression that to the brotherhood of hardworkers, —who ' eschew delights and live laborious days,' —and nights too, till morning is far advanced —they owe much of that freedom, and of those public and social rights which a free Press has helped to gain and labours to maintain. Many of those who thus in festive moments acknowledge the public services of newspapers, and who concur in what may occasionally be strong opinions, and somewhat keen censure regarding what is deemed public wrong or laxity of public men, adopt all this with delight ; but let their own tender cuticle be scratched with the pen's point, and straightway all the general benefits bestowed by the Press are forgotten, and the law courts are appealed to, to redress the often imaginary injury, and provide a solatium for wounded feelings. Almost every journal of any note has been made the object of an action where the party suing has had in law little or no real grievance, but which action the journal has been obliged to defend, although even, as in such cases is most probable, no sensible jury would give damages. The newspaper is put to all the trouble and expense of defending an action \ in which victory is frequently a loss, for in many cases of this nature the plaintiff is permitted to institute proceedings without in any way providing for costs in the event of the case proving to be a trumped up or frivolous one. Actions are sometimes raised against newspapers less for the purpose of the merits being tested by •* the Court and jury sworn,' than in order to obtain some money, no small part of which goes to the plaintiff's lawyer, while the newspaper has sometimes submitted to be pilfered because, however good the case the plaintiff would not be able to pay costs in the event of a verdict for the defendant. What is wanted under English or colonial law is the same system which obtains in the United States. There, if a person raises an action for damages for alleged libel against a newspaper, he has to deposit two thousand dollors (£400), or find unquestionable security to that amount, out of which, should he fail in establishing his case, or if justification is proved, the costs of the defendant may be defrayed* When next the law of libel comes to be considered, some provision of this nature should be made law ; and the Press saved from frivolous and irritating actions which interfere more or less with its usefulness.
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https://paperspast.natlib.govt.nz/newspapers/AMBPA18770206.2.21
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Akaroa Mail and Banks Peninsula Advertiser, Volume I, Issue 58, 6 February 1877, Page 3
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521WHAT IS CRITICISM? Akaroa Mail and Banks Peninsula Advertiser, Volume I, Issue 58, 6 February 1877, Page 3
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