The New Law of Libel.

Poverty Bay Standard, Volume IX, Issue 993, 1 November 1881, Page 2

The New Law of Libel.

A bill has just passed through both Houses of Parliament whieh will effect a very considerable change in the existing law of libel so far as it regards journalism. The provisions of the Bill are various, but their general tenor may be fairly summarised. For the future any report appearing in a newspaper of the proceedings at anypublic meeting convened for a lawful purpose will be privileged if the report is fair, published without malice, and for the public benefit, but the protection hereby afforded cannot be made available if the aggrieved person can prove that the proprietor or publisher of the paper has refused to insert a reasonable explanation or contradiction of the matter complained of. One of the most important provisions, however, is that which makes the institution of criminal proceedings for libel contained in a newspaper dependent on the fiat of the Public Prosecutor, an enactment which, if, on the one hand, it imposes restrictions hitherto unknown upon the subject in in putting the criminal law in motion, will not press hardly against any who can establish a prima facie ground for citing the journalist who has given offence to the bar of a criminal court. Very much larger powers are also conferred upon courts of summary jurisdiction in dealing with Press prosecutions in their initiatory stages, and important changes are effected in the procedure. It may be recollected that a couple of years since it was held by the Court of Queen’s Bench, and we believe confirmed on appeal, that in proceedings for libel a justice of the peace had no power to examine into the truth of the alleged libel, but was limited to determining whether the language complained of was such as a jury would probably regard as libellous. This Bill, however, provides that a magistrate may receive evidence as to the matters contained in the libel being true, as to the report being fair and published without malice, as to the publication being for the public benefit, and generally as to any matters which might be given in evidence for the defence before a jury, and may dismiss the case if he thinks there is a probable presumption that a jury would acquit. The succeeding section empowers a magistrate to deal summarily with cases of a trivial character, in the event of the defendant assenting to the exercise of such jurisdiction, in which case a fine may be imposed not exceeding £5O. The remainder of the Bill provides for the more effectual registration of newspaper proprietors, thus enabling an aggrieved individual to ascertain who are the proprietors of an offending journal for the purpose of proceeding against them either in a civil or a criminal court. It will be seen, therefore, that the measure introduces some verv important changes in the existing law, and we are of opinion that those changes are on the whole beneficial. Greater protection against vexatious prosecutions is afforded to journalists, but certainly not greater than they have a right to demand.