366
No. 1 of 1887.
DEFAMATION AND LIBEL.
- 1887.
Short title.
Interpretation.
[44 & 45 Vict. c. 60 s. 1.] [cf. No. 4 of 1886.]
Admissibility in evidence, of apology in action for defamation. [6 & 7 Vict. c. 96 s. 1.]
No. 1 of 1887.
To amend the law respecting Defamatory Words and Libel.
[22nd February, 1887.]
1. The Defamation and Libel Ordinance, 1887.
2. In this Ordinance "Newspaper" and "proprietor" have the same meanings respectively as those words have in the Printers and Publishers Ordinance, 1886; and "newspaper" includes any other periodical publication. "Report of the Legislative Council" includes any report, paper, minute or other proceeding of the Council. "Information" includes indictment.
3. In any action for defamation it shall be competent to the defendant (after notice in writing of his intention to do so duly given to the plaintiff within a reasonable time before the trial 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 as soon afterwards as he had an opportunity of doing so in case the action has been commenced before there was an opportunity of making or offering such apology.
Right of defendant in action for libel to plead absence of malice, etc., and apology. [ib. s. 2.]
4. In an action for a libel contained in any public newspaper it shall be competent to the defendant to set up as a defence that the libel was inserted in the newspaper without actual malice and without gross negligence, and that before the commencement of the action, or at the earliest opportunity afterwards, he inserted in the newspaper a full apology for the libel, or, if the newspaper in which the libel appeared is ordinarily published at intervals exceeding one week, had offered to publish the said apology in any newspaper to be selected by the plaintiff in the action and to such defence to the action it shall be competent to the plaintiff to reply generally denying the whole of such defence: Provided
* As amended by No. 50 of 1911 and No. 63 of 1911.
* As amended by No. 62 of 1911.