PUBLIC RECORD OFFICE

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PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NÓT TO

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CHAPTER XX.-PUBLISHING DEFAMATORY Matter.

202.-Definition of Defamatory Matter.

Defamatory matter is matter likely to injure the A. 220. reputation of any person by exposing him or any member of B. 227. his family, whether living or dead, to hatred, contempt, or C. 366, 368. ridicule or likely to damage any person in his profession or trade by an injury to his reputation.

Such matter may be expressed in spoken words or in any audible sounds, or in words legibly marked on any substance whatever, or by any sign or object signifying such matter otherwise than by words, and may be expressed either directly or by insinuation or irony.

203.—Definition of Publication.

For the purposes of this code the publication of defamatory A. 221. matter is

(1) in the case of spoken words or audible sounds, the speaking of such words or the making of such sounds in the hearing of the person defamed or any other person;

(2) in other cases, the exhibiting it in public, or causing it to be read or seen, or showing or delivering it, or causing it to be shown or delivered with intent that it

may be read or seen by the person defamed or by any other person.

204.-Publication of defamatory Matter.

B. 228. C. 369.

C. 380.

Subject to the provisions of this code any person who a. 235-6. publishes any defamatory matter is liable to one year's B. 242-3. imprisonment; and any person who publishes any defamatory 6&7 V. c. matter knowing it to be false is guilty of a misdemeanour.

96, BN. 3-4.

C. 383.

205.--Publishing defamatory Matter with Intent to extort. Any person who publishes, or threatens to publish, or offers A. 234. to abstain from publishing, or offers to prevent the publication B. 241, of, defamatory matter, with intent to extort money or other 6 & 7 V. c property, or with intent to induce any person to give, 96, s.. confer, procure, or attempt to procure, to, upon or for, any person, any property or benefit of any kind, is guilty of felony.

206.—Publication of Truth for the public Benefit.

The publication of defamatory matter is not an offence if the publication is, at the time it is made, for the public benefit, B. 240. and if the defamatory matter is true.

207.-Lawful Publication of defamatory Matter.

person

A. 233.

C. 376.

6 & 7 V. c. 96, s. 6.

No is criminally liable for the publication of any B. 229-37. defamatory matter,

(1) if the publication is made in the course of the proceedings of the Executive or Legislative Council, or

C. 371-7.

Cf. 3&4V.

c. 9, s. 1, and 51 & 52 V. c. 64,8. 4.

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in a petition to, or under the authority of, the Governor, or a Secretary of State; or

(2) if the publication takes place in any proceeding held before or under the authority of any Court of Justice, or in any enquiry held under the authority of any Ordin- ance, Statute or Order in Council, or under the authority of the Governor or a Secretary of State ; or.

(3) if the defamatory matter consists of an extract from, or an abstract of, a petition to, or a document published by the authority of the Governor or a Secretary of State, and the publication is made without ill-will to the person defamed; or

(4) if the defamatory matter constitutes, in whole, or in part, a fair report, for the information of the public, of any proceeding of the Legislative Council; or of any Court of Justice, whether preliminary or final; or of any public proceeding of any body, constituted, or authorised to hold such proceeding, by any Ordinance, Statute, or Order in Council; or of any public meeting so far as the public is concerned in the matter published; if in every such case the publication is made without ill-will to the person defamed'; or

(5) if the publication is for the information of the public at the request of any Government department or police officer, or if the defamatory matter is any notice or report issued by such department or officer, for the infor mation of the public, and if in every such case the publication is made without ill-will to the person de famed sor

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(6) if the defamatory matter consists of fair comment either on any matter the publication of which, or on any report which, is herebefore in this section referred to; or

(7) if the defamatory matter consists of fair comment upon the public conduct of any person in public affairs, or upon the public conduct of any public officer or servant in the discharge of his public duties, or upon the character of any of such persons so far as it appears by such conduct; or

(8) if the defamatory matter consists of fair comment on any published book or other literary production, or any composition or work of art, or performance publicly exhibited, or any other communication made to the public on any subject; or on the character of the author of such book, production, composition, work of art, or the person exhibiting such performance, so far as their characters may appear therefrom respectively; or

(9) if the publication is in good faith for the purpose of seeking remedy or redress for any private or public wrong or grievance from a person who has, or is reasonably believed by the person publishing to have the right to remedy or redress such wrong or grievance; or

(10) if the publication is made in good faith by a person having any lawful authority over another, and is made by him in the course of a censure passed by him on the conduct of that other, in matters to which such lawful authority relates; or

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