The Akaroa Mail. TUESDAY, MARCH 27, 1877.
Proceedings for libel appear to be rife in New Zealand. From North and South accounts reach us of either civil actions commenced, or criminal prosecutions instituted for false, scandalous, malicious and defamatory libel. Doubtless these will furnish a rich harvest for the gentlemen of the long robe, as well as food for gossip for those who delight in the discussion of scandal. Liber) as defined by law is, the publication concerning a person of anything which would tend to bring him into contempt, and lower him in the estimation of his fellow-men. It is not necessary that! the alleged libellous matter, should be printed, the sending of letters containing
libellous allegations is sufficient in law, to constitute publication. Libel differs from slander in this respect,; in the one the defamatory, statements are either written or printed, in the other, utterance is given to them orally. Both constitute offences punishable by law, but in cases of libel, the' party libelled may, if he chooses, seek in the form of damages a golden balm for his wounded feelings andinjured reputation. Formerly "as.the law stood, ■•the greater,the truth the greater the libel." - This monstrous dogma was used not only as an engine j. of tyranny and oppression, but as a gag to the independence of the Press.' Indeed, it was against that independence that it was chiefly levelled. ", Few public writers cared to risk the heavy fine and probably long imprisonment which was almost the inevitable result of a criminal prosecution for libel, and, consequently, great abuse of power and corruption in high places remained unexposed, simply because of the terror which the threat of a criminal prosecution inspired. Happily, however, for the independence of the Press, as well as for the public weal, the popular will ultimately destroyed this terrible engine of tyranny and corruption, and, now, if a person is prosecuted for 'libel he is allowed to plead, that what he published is true, and that he published it for the public good. If he,succeed in establishing these propositions, he has little to fear from either a civil action or a criminal prosecution, the results .of which will recoil with tenfold force upon the head of him who set the law in motion. '
- Whilst, however, we rejoice that the independence of the Press is thus secured, we have no sympathy with those who to serve a base purpose will ruthlessly trifle with the reputation of others. The man who, having the conduct of a public journal will, in order to gratify a feeling of petty Jealousy, or, it may be, of personal malignity, remorsely stab the fair fame of others, is a coward and a villain, unworthy of the high position he holds. The Press is a mighty power either for good or evil, and the conduct of it should only be entrusted to men actuated by principles of the highest honour, and, who have the greatest regard for; veracity. But, whilst, we unhesitatingly, condemn such a prostitution of the power of the Press as we have pointed out, we confess that we have no patience with those little minded . beings who, whenever their self-importance is touched, or their fancied dignity invaded even by a harmless joke or a bit of keen but polished satire, rush at once to a lawyer and threaten dire vengeance unless an ample apology, is made.. The best way to treat such " is : either with ridicule, or, what is "still better, with silent contempt. ,
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Akaroa Mail and Banks Peninsula Advertiser, Volume I, Issue 72, 27 March 1877, Page 2
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585The Akaroa Mail. TUESDAY, MARCH 27, 1877. Akaroa Mail and Banks Peninsula Advertiser, Volume I, Issue 72, 27 March 1877, Page 2
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