LAW OF LIBEL.

Dominion, Volume 4, Issue 968, 8 November 1910, Page 2

LAW OF LIBEL.

SOME PROPOSED AMENDMENTS. CONSOLIDATION OP ACTIONS. Tlie Law of Libel Amendment Bill, which was introduced last night, provides that in any action or prosecution for a defamatory libel the publication of any of the following matters shall be deemed privileged in the absence of proof of malice :— (a) A fair and accurato report of the proceedings of either House of Parliament or of any committee thereof. (1j) A fair and accurate report of the proceedings of any. Court of Justice, whether in New Zealand or elsewhere, and whether those proceedings are preliminary, interlocutory, or final, and whether in open Court or not, or, of the result of any such proceedings. (c) A fair and accurate report of the proceedings in any inquiry held under the authority of any Act or under the authority of the Governor-in-Council, or a true copy of, or a fair and, accurate extract from or abstract of, any official report made by the person by whom the inquiry was made. (d) A fair and accurate report of tho proceedings of any local authority or of any body of persons constituted under the provisions of any Act for the discharge of public functions, or of a committee, of any such- local authority or body, so far as the report relates to mat- , tors of public concern and tho publication thereof is for the public benefit.

(e) A fair and accurate report of the acts and proceedings of the Executive Government or of any Department or officer thereof so far as the publication of such report is authorised or requested by any Minister of the Crown.

. Nothing in the section shall be so construed as to take away or restrict auv privilege existing at comnionvlaw. In the case of a publication in any newspaper of a report of any such proceedings as are mentioned in paragraph (d) the protection intended to be afforded by that section shall not be available in any civil or criminal proceedings if it is proved that the defendant has without reasonable justification refused or neglected to publish an explanation or contradiction of the defamatory matter within a reasonable time. When an action lins been commenced in respect of tho publication of defamatory matter in a. newspaper no other action shall be commenced bv the _ same person in' respect.. of the publication, unless that other action is commenced on or within ten days after the date of the commencement of the original action. In case of. a breach of liis section it shall not be necessary for the defendant to plead this matter by way of defenci., but the same may be given in evidence as -a.'defence on the trial of the action. Plaintiff is required to give, as soon as practicable, notice of (such other actions to each defendant. If. such notice is not given the Court may, in its discretion, dismiss or stay. an action. , . A Judge of the Supreme Court, upon the application of two or more defendants, may make an order tor the consolidation of the actions, so that they' shall'bo tried together, and subsequently any other defendant shall also bo entitled to be joined in a common action upon a joint application being made.by that defendant and the defendants in the actions already consolidated. In any consolidated action the Judge or jury shall assess the whole amount of tho damages (if any) in one sum, but a separate verdict shall be given for or against each defendant, and if a- verdict is given against the defendants in more than one of the actions,-the damages .and costs shall be, apportioned. ■■,-,...,.

In an action for defamation tho 'defendant may prove, in/mitigation of damages, that lie made or offered a public apology to the plaintiff as soon afterwards as he had a reasonable opportunity of doing so. The defendant may also prove, in mitigation of damages, that the plaintiff has already recovered damages, or has brought an action for damages, or has received or agreed to receive compensation in respect of any other publication of the same, or substantially the same defamatory matter. Where the publication is in any book or printed document or. in any number or part of a .newspaper any printed statement contained in such publication that the same is published or printed by or for the defendant shall be prima facie evidence of ho truth of that statement. '

A Magistrate, upon the hearing of a charge of the publication o'f a defamatory libel, , mny receive-evidence as to the publication being for tlio public benefit, and ns to the truth of tlie defamatory statement, and as to any other matter which might be given in evidence by way of a defence, and the Magistrate, 'if he is'of opinion that there is a strong or' probable presumption that the jury ou trial would acquit the person charged, may dismiss the case. This section shall extend to the hearing by a Magistrate of a charge of criminal defamation. 'The term "newspaper" means any newspaper,, review, magazine, or other print published periodically at intervals not exceeding three months.