ORDINANCE No. 5 OF 1887.
Defamation and Libel.
2095
Offer of an apology admissible in evidence in mitigation of damages in action or suit for defamation. [6 and 7 V. c. 96 s. 1.]
3. In any action or suit for defamation it shall be lawful for the defendant (after notice in writing of his intention so to do, duly given to the plaintiff within a reasonable time before the hearing of the cause) to give in evidence in mitigation of damages that he made or offered an apology to the plaintiff for such defamation before the commencement of the action or suit or as soon afterwards as he had an opportunity of doing so in case the action or suit shall have been commenced before there was an opportunity of making or offering such apology.
4. In an action or suit for a libel contained in any public newspaper or other periodical publication it shall be competent to the defendant to set up as a defence that such libel was inserted in such newspaper or other periodical publication without actual malice, and without gross negligence, and that before the commencement of the action or suit or at the earliest opportunity afterwards, he inserted in such newspaper or other periodical publication a full apology for the said libel, or if the newspaper or periodical publication in which the said libel appeared should be ordinarily published at intervals exceeding one week, had offered to publish the said apology in any newspaper or periodical publication to be selected by the plaintiff in such action or suit; or that to such defence to such action or suit it shall be competent to the plaintiff to reply generally denying the whole of such defence; provided always that it shall not be competent to any defendant in such action or suit to file any such defence as aforesaid without at the same time making a payment into Court by way of amends; and every such defence so filed without such payment into Court shall be deemed a nullity and may be treated as such by the plaintiff in the action or suit.
Plea of absence of malice, &c., and of apology. [6 and 7 V. c. 96 s. 2.]
Publishing or Threatening to publish libel or proposing to abstain from publishing anything with intent to extort money, punishable by imprisonment and hard labour. [6 and 7 V. c. 96 s. 3.]
5. If any person shall publish or threaten to publish any libel upon any other person, or shall directly or indirectly threaten to print or publish, or shall directly or indirectly propose to abstain from printing or publishing any matter or thing touching any other person with intent to extort any money or security for money, or any valuable thing from such or any other person, or with intent to induce any person to confer or procure any person any appointment or office of profit or trust, every such offender, on being convicted thereof on information shall be liable to imprisonment with or without hard labour, for any term not exceeding three years; provided always, that nothing herein contained shall in any manner alter or affect any law or Ordinance now in force in respect of the sending or delivery of threatening letters or writings.