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Hawke's Bay Times, Volume 15, Issue 756, 27 January 1870, Page 3

“PRIVILEGE” AND “LIBEL” ["From the Evening Post, January 17.] In those days of reform, when no principle or axiom however definitely laid down, no institution however venerable or securely fenced by the traditions of ages, is safe from inno ration—when even national ch arches and mighty empires are pruned with as little, remorse as old apple trees, it might not be out of place to examine the “privilege” which, like a sort of divinity, hedges round our Courts of law, and our legislatures. We are all in the habit of boasting of our free Press, and thanking God “ that we are not as other men are.” under despotic Governments, where it is manacled; but if we bethink ourselves a little, w'e will find that this freedom is only relative. Flagrant cases of miscarriage of justice sometimes occur in our courts of law, on which it is the duty ot the Press in the interests of society to comment, but at once there is a cly out of breach of privilege, and the pains and penalties of that very vague and mysterious crime—contempt of Court —which hangs like the of Damocles over the necks of News papers are evoked. No matter how clear the guilt of a man likely to escape by legal subtlety from thepunishmeut of his crimes may be, not a word of protest must be uttered against the miscarriage of justice, or the accused’s counsel will wrathfully demand vengeance for the injury done, to his client’s cause. Newspa pers have clients too in’the public at

i large, and, when their interests a,iß jat stake, it is our duty to gnar4 L k them ; but such considerations nee 3 " utterly ignored when “ )' steps in. In Parliament, too,, the e same grievance prevails to perhaps a L ‘ greater extent. Any M RP. or v; M L.C. may stand -up in his plane r and accuse a newspaper proprietor of f forgery, theft, bigamy, murder, or - any crime that nan be committed by ' man; but, however false tlie accnsa--3 may be, his privilege cloaks him, ■ and Pie slandered man can obtain no ■ redress except by a direct breach .of ' the criminal law. A t the same time, l if a newspaper simply reports a slander against the same member uttered by another, it has to bear the brunt of a ruinous libel. Of course, there is such a thing as liberty degenerating into licentiousness, and a licentious Press is even worse than one which is gagged ; but in such a country as ours, if the Press oversteps the limits of just ■criticism, there are ample means for its punishment. Newspaper conductors are fallible and liable to error, like all other men; but if they are to fulfil their legitimate functions as guardians of the rights of the public, they muse not be kept in dread of falling under the lash of •‘privilege.” 'Phis privilege is in many cases nothing more nor less than a relic of barbarism, akin to that absurd farrago, which, after dooming with the utmost simulation of solemnity those “false traitors”- - Tauroa and his hapu-t-to be hanged, drawn and quartered., sent them to do a little quiet stone-breaking for Mr Macandrew, to the derision of their countrymen; and the sooner it is modified or done away with the better.