THE LAW OF LIBEL AS AFFECTING NEWSPAPERS.
(From the London " Times.") The 'Libel. Bill, of which the second reading has been postponed till February 12th, was described Sir Colman O'Loghlen as identical with the measure introduced by himself last session., So far as its principle is concerned, the statement is doubtless correctj but it contains one important provision which is not to be found in the former Bill as amended by the Select Committee. The essential reform embodied in both is simple and modest enough. Hitherto the law has left editors and proprietors of newspapers liable to an action for libellous matter, unless they can show that it was inserted without actual malice or gross negligence, and that a full apology has since appeared in the same journal. : Instead of this rule* it is now proposed to relieve them from liability for a faithful report of the proceedings at a public meeting "lawfully assembled for a lawful purpose, open to reporters for the public newspapers, and at which a reporter was present," provided the report was published bona fide, without actual malice, and in the ordinary course of business." In other words, the defendant would; no longer have to prove that the insertion- of such a report was an' 'oversight, though he must satisfy a multiplicity of other conditions in order to establish his defence. In any case, he is /to lose the-benefit of the Act if he shall refuse or omit to publish an explanation .or contradiction of the alleged libel immediately afterwards in a mode as, conspicuous as the libel itself. Thus far the two Bills are the same, but therG is a new clause in that of the present session, which has been considered . important enough to — have a " part Y .to. itself. This clause deserves the more attention, , since it was entertained and rejected by the Select Committee, moved by Sir Colman O'Loghlen in Committee of the whole House last -'June,- and' withdrawn ' after considerable discussion.- It enacts that " no action or prosecution, shall be maintainable/for the publication of any defamatory matter in any newspaper/ 'periodical, or ; other . publication; if such defamatory matter shall form a portion of a true and fair report oft a debate in either- House of Parliament." ' ..., :.!, r?
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https://paperspast.natlib.govt.nz/newspapers/ST18680327.2.18
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Southland Times, Issue 923, 27 March 1868, Page 3
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376THE LAW OF LIBEL AS AFFECTING NEWSPAPERS. Southland Times, Issue 923, 27 March 1868, Page 3
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