MR. TOLE'S LIBEL BILL

Observer, Volume 6, Issue 150, 28 July 1883, Page 3

MR. TOLE'S LIBEL BILL

Mr Tole deserved the Listing gratitude of all newspaper proprietors and journalists in New Zealand Tor his able and resolute efforts to secure an amendment in the law relating to libel. In its present shape, the statute is, notwithstanding Lord Campbell's Acr, and other measure* in the direction of reform, a remnant of the Star Chamber regime, and a means of extortion and oppression. Any wealthy man, however infamous may be his public character, may go unscathed, securely entrenched behind his money - bags, because he has the moans of hiring the best legal talent, and of involving aay free and out-spoken journal in the tortuous meshes of the law, with the uncertainty that, in whatever event it will bring ruin upon the defendant. It is this virtual gag upon the Press which permits 90 many people who sit in high places to flaunt their guilt in the face of their iellow-men. The journalist who. dares to bell the cat does so with the certainty of fin ancial ruin staring him in the face. — *»_

Nor is it necessary that a man be wealthy in order to pose before the public as an injured individual, and to subject the Press to annoyance and loss. Any pettifogging practitioner who believes there is " a good case " as the law stands,, will take up his case on the chance of wringing something out of the pocket of the newspaper proprietor, as a less expensive alternative than a law suit, which is a cusp of " heads 1 win, tails you lose" for the defendant. "Another such verdict, and I am ruined," was the remark of a newspaper proprietor iv a case where the jury had given a verdict for the defendant with "osts. Tl<ere were enormous "costs between lawyer and client" which he could not recover. Small country papers, whose means are limited, find themselves practically in the hands of tbo clique that happens to be* predominant, and if they, through inadvertence or carried away by a conscientious sense of right, publish what may be construed into sufficient grounds for a libel, and are sued by some. local magnate, they must either eat humble pie or put up the shutters. As the law stands, it is alt on the side of''tlie;mere aid-;

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So far as the law deaiiii^^ifcl'cH^JMirlibpl^ ".. concerned we do not, desire any 'changOj'if6lr3il.e^do^not think that a change would be, to tlatf?subk&/ good. No' true : 'journalist wishes ta^aave th© i\ power to asperse an apponent's 'character .by> lijes j,/,. put every true journalist does desire 'the power,, of- umtmsking hypocrisy, cant, ;dishones£j?, ..and. cruelty, whether in ptiblic or private, life.>.i vß u't, t ."' for the protection of pressmen in the.;&iseharg ; e i s of a sacred duty it is necessary that i&e^ be V neither- harassed by petty suits nor .by a* of straw : neither by juryman's justice .orrgudge ? 8 law. Let it bemade compulsory upon a plaintiff/ ■ to furnish a precis of f his 'Case to ;tbe -Attorney- \ General, or other'^unbiassed, ;corhpetent,;it« and-, qualified person, and let no writ issue unless'^ ttpQtC !, production of that official's ftat.> Make;; the plaintiff deposit a sum 'equal to 50 per cenGtna of : his elainied damages in the ofßce of the courft as" ■ security for costs if the verdict' ibe againstdßim. ', Let nothing be' admitted, in evidence which is not , perfinent to the case, and let it be stated iiiuthe ; Act what verdict carries costs; ■ Also, it would be, an improvement if the truth of. the'alleged-ilibel were liiade a sufficient defence in law.- It -ttiighfc. seem that such an enactment-would pres&nnduly^. upon the poor man, and that) he could not gain" justice. As things are managed ■at present •&■ poor man cannot go to law against a rich one yso : that l,he poor man need not complain particularly,in this cose. But it may also, be 'said thatlif a' , man brings a libel action he ought to do so for, the rehal>ilifc!i(ion of his aspersed character,' iiot for money. Therefore the poor man has only to T rod nee his damages, and he can accomplish his ' justilicntion with quite as much satisfa'ctibri. As a mutter of fact, we. know that most libel' actions, are brought in order to wring money out 'of 'iiews-', , paper-owners.