Defamation and Libel.
[CAP. 21
CHAPTER 21.
DEFAMATION AND LIBEL.
To amend the law respecting defamatory words and libel.
[22nd February, 1887.]
Originally
5 of 1887. Fraser
1 of 1887.
1.
This Ordinance may be cited as the Defamation
Short title.
and Libel Ordinance.
In this Ordinance-
"information" includes indictment;
Interpretation.
44 & 45 Vict. c. 60, s. 1.
"newspaper" and "proprietor" have the same meanings
respectively as in the Printers and Publishers Ordin-
(25 of 1927.)
ance, 1927; and "newspaper" includes any other periodical publication;
"report of the Legislative Council" includes any report,
paper, vote or other proceeding of the Council;
3.
in evidence,
of damages
defamation,
of apology.
c. 96, s. 1.
6 & 7 Vict.
In any action for defamation it shall be competent
Admissibility
to the defendant (after notice in writing of his intention to
in mitigation
do so duly given to the plaintiff within a reasonable time
in action for
before the trial of the cause) to give in evidence in mitiga-
tion 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.
defendant in
Right of action for absence of and apology.
libel to plead
malice, etc.
6 & 7 Vict. c. 96, s. 2. 8 & 9 Vict..
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 news-
.75, 3, 2.
paper 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
407
www