DEFAMATION AND LIBEL.
No. 1 of 1887.
361
(b) "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.
(c) "Report of the Legislative Council" includes any report, paper, vote or other proceeding of the Council.
No. 4 of 1886.
in evidence,
in action for
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.
6 & 7 Vict. c. 96, s. 1.
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 that it shall not be competent to any defendant in such action to set up any defence as aforesaid without at the same time making a payment of money 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.
6 & 7 Vict. c. 96, s. 2.
5. Every person who publishes or threatens to publish any libel upon any other person, or directly or indirectly threatens to print or publish, or directly or indirectly proposes 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 valuable thing from such or any other person, or with intent to induce any person to confer or procure for any person any appointment or office or anything, shall be guilty of an offence.
6 & 7 Vict. c. 96, s. 3.