1986 Ed.]
Defamation
[CAP. 21
5
(2) Costs so to be recovered by the defendant or prosecutor respectively shall be taxed by the proper officer of the court before which the information is tried.
10. It shall be lawful for any person who is a defendant in any civil or criminal proceeding, in whatever manner commenced for or on account or in respect of the publication by such person or by his servant of any report of the Legislative Council by or under the authority of such Council, to bring before the court in which such proceeding has been commenced, or before a judge, first giving 24 hours' notice of his intention to do so to the plaintiff or prosecutor in such proceeding, a certificate under the hand of the Governor, or of the presiding member of such Council for the time being, or of the Clerk of Councils, stating that the report in respect whereof the proceeding has been commenced was published by such person or by his servant by order or under the authority of such Council, together with an affidavit verifying such certificate; and the court or judge shall thereupon immediately stay such proceeding, and the same, and every writ or process issued, shall be and shall be deemed and taken to be finally put an end to, determined, and superseded.
11. In case of any civil or criminal proceeding to be commenced for or on account or in respect of the publication of any copy of any such report it shall be lawful for the defendant, at any stage of the proceeding, to lay before the court or judge the report, and the copy, together with an affidavit verifying the report, and the correctness of the copy; and the court or judge shall thereupon immediately stay such proceeding, and the same, and every writ or process issued therein, shall be and shall be deemed and taken to be finally put an end to, determined, and superseded.
(Amended, 50 of 1911; 51 of 1911; 62 of 1911, Schedule; 63 of 1911, Schedule; 21 of 1912, s. 2, and 5 of 1924, s. 11)
12. It shall be lawful in any civil or criminal proceeding to be commenced for printing or broadcasting any extract from or abstract of any such report to give in evidence, in a civil case in support of any allegation in defence, and in a criminal case under the general issue, the report, and to show that the extract or abstract was published bona fide and without malice; and if such is the opinion of the jury, a verdict of not guilty shall be entered for the defendant. (Amended, 50 of 1911; 62 of 1911, Schedule, and 33 of 1961, s. 6)
13. (1) A fair and accurate report in any newspaper or broadcast of proceedings publicly heard before any court shall, if published contemporaneously with such proceedings, be privileged:
Provided that nothing in this section shall authorize the publication of any blasphemous or indecent matter. (9 of 1901, s. 3, incorporated. Amended, 50 of 1911; 62 of 1911, Schedule, and 33 of 1961, s. 7)
Stay of proceeding against person for publication of papers printed by order of Legislative Council upon certificate and affidavit of authority to publish.
3 & 4 Vict. c. 9, s. 1.
Stay of proceeding when commenced in respect of copy of authenticated report, etc.
3 & 4 Vict. c. 9, s. 2.
Defence in proceeding for printing extract from report, etc. 3 & 4 Vict. c. 9, s. 3.
Privilege of newspaper report of proceedings in court.
51 & 52 Vict. c. 64, s. 3.