CONFIDENTIAL
50105 1
PERHAPS TOO WIDE A TERM. IT SEEMS AT VARIANCE WITH WHAT FOLLOWS,
AND WITH THE TEXT OF SECTION 27(1).SOMEONE MIGHT, AFTER ALL, MAKE
A SPEECH WHICH HE KNEW OR INTENDED WOULD REACH AND ALARM NOT THE
GENERAL PUBLIC BUT A SECTION OF IT FOR EXAMPLE, BOAT-DWELLERS,
OR AN ETHNIC MINORITY IN A PARTICULAR AREA. WE SUGGEST ADDING
QUOTE OR A SECTION OF IT UNQUOTE.
PARA 8, LAST SENTENCE. THIS SEEMS TO GIVE SOMETHING OF A HOSTAGE
TO FORTUNE. IT WOULD SEEM PERHAPS MORE PRUDENT TO BE SLIGHTLY
LESS NEGATIVE ABOUT THE POSSIBILITY OF PROSECUTION WITHOUT ACTUAL
ALARM, SINCE, FOR EXAMPLE, SOMEONE MIGHT SET OUT DELIBERATELY TO
PUBLISH FALSE NEWS OF AN INCREASINGLY ALARMING NATURE TO SEE HOW
FAR HE COULD GO, OR TO PROVOKE THE AUTHORITIES. AGAIN, SOMEONE
MIGHT DELIBERATELY PUBLISH FALSE AND ALARMING NEWS, BUT ACTUAL
ALARM MIGHT BE AVERTED BY PROMPT AND STRENUOUS ACTION BY THE
AUTHORITIES, OR BY EXTRAORDINARY LUCK. WE SUGGEST, QUOTE THE AG
WILL ONLY IN THE MOST EXCEPTIONAL CIRCUMSTANCES AUTHORISE
..UNQUOTE.
PARA 9, SECOND SENTENCE. TO SAY QUOTE IT IS FOR THE DEFENDANT TO
ESTABLISH..UNQUOTE MIGHT RESURRECT ALLEGATIONS THAT THE BURDEN OF
PROOF IS BEING SHIFTED. WE SUGGEST QUOTE THUS, WHILE IT IS IN
THE FIRST PLACE FOR THE PROSECUTION TO PROVE (NEXT THREE WORDS
UNDERLINED) BEYOND REASONABLE DOUBT THAT THE ACCUSED PUBLISHED
THE NEWS IN QUESTION,THAT IT WAS FALSE, AND THAT IT WAS LIKELY
TO CAUSE ALARM, THE CASE WILL FALL EVEN IF
THOSE ELEMENTS ARE ESTABLISHED, IF THE DEFENDANT CAN SHOW (NEXT
FIVE WORDS UNDERLINED) ON A BALANCE OF PROBABILITIES THAT HE HAD
REASONABLE GROUNDS FOR BELIEVING THAT THE NEWS WAS TRUE. IT IS
THEREFORE NECESSARY, AS IS USUAL WHEN A DECISION WHETHER TO
PROSECUTE HAS TO BE TAKEN, TO CONSIDER...UNQUOTE.
PARA 9, FIFTH SENTENCE. WE SUGGEST DELETING QUOTE MERELY UNQUOTE
WHICH SEEMS REDUNDANT AND POSSIBLY MISLEADING.
HOWE
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