2096
False defamatory libel
punishable by imprisonment and fine.
16 and 7 V. c. 96, s. 4.]
Malicious defamatory libel, by imprisonment or fine.
[6 and 7 V. c. 96, s. 5.)
upon the trial
of an information for a defamatory libel.
[6 and 7 V. c. 96, s. 6.]
ORDINANCE No. 5 OF 1887.
Defamation and Libel.
6. If any person shall maliciously publish any defamatory libel, knowing the same to be false, every such person, being convicted thereof, shall be liable to imprisonment for any term not exceeding two years, and to pay such fine as the Court shall award.
7. If any person shall maliciously publish any defamatory libel, every such person, being convicted thereof, shall be liable to fine or imprisonment, or both, as the Court may award, such imprisonment not to exceed the term of one year.
Proceedings
8. On the trial of any information for a defamatory libel, the defendant having pleaded such plea as hereinafter mentioned, the truth of the matters charged may be inquired into, but shall not amount to a defence, unless it was for the public benefit that the said matters charged should be published; and that to entitle the defendant to give evidence of the truth of such matters charged as a defence to such information, it shall be necessary for the defendant, in pleading to the said information, to allege the truth of the said matters charged in the manner now required in alleging a justification to any action or suit of defamation, and further to allege that it was for the public benefit that the said matters charged should be published, and the particular fact or facts by reason whereof it was for the public benefit that the said matters charged should be published, to which plea the prosecutor shall be at liberty to reply generally denying the whole thereof; and if after such plea the defendant shall be convicted on such information, it shall be competent to the Court, in pronouncing sentence, to consider whether the guilt of the defendant is aggravated or mitigated by the said plea and by the evidence given to prove or to disprove the same: provided always, that the truth of the matters charged in the alleged libel complained of by such information shall in no case be inquired into without such plea of justification: provided also, that in addition to such plea, it shall be competent to the defendant to plead a plea of not guilty; provided also, that nothing in this Ordinance contained shall take away or prejudice any defence under a plea of not guilty which it is now competent to the defendant to make under such plea to any information for defamatory words or libel.
Proviso as to plea of not
and criminal proceedings.
Evidence to rebut prima facie case of publication by an agent. 16 and 7 V. c. 96, s. 7.]
9. Whensoever, upon the trial of any information for the publication of a libel, under the plea of not guilty, evidence shall have been given which shall establish a presumptive case of publication against the defendant by the act of any other person by his authority, it shall be competent to such defendant to prove that such publication was made