What is. Criticism ? asks this Southern Cross, and then proceeds to say “At intervals this question forcibly presents itself to the reflective mind, especially if such mind has to depict its reflections .n - the columns of a newspaper. We hear much and 1 frequently of the vast advantages which flow from the ‘free untrammelled’ 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,’ and we believe at the moment, - when the I ruby liquid sparkles, those who cheer the toast feel, collectively, something of the apparent enthusiasm that springs from the , impression that to the brotherhood of hard workers, —who ‘eschew delights and r live laborious days,’—and nights too until , 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 laborsto 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 andi expense of defending an action in which victory is frequently a loss, for in many oasesbf. 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 pillaged 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 and colonial law is the same system which obtains in the United States. .There, if a person raises an action for. damages for allegel libel against a newspaper, he has to deposit two thousand dollars (£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 inside law ; and , the Press saved from frivolous and irritating actions which interfere more or less with its usefulness.” ■ , .
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New Zealand Times, Volume XXXI, Issue 4907, 13 December 1876, Page 2
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523Untitled New Zealand Times, Volume XXXI, Issue 4907, 13 December 1876, Page 2
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