370
No. 1 of 1887.
meeting and
of certain bodies and persons.
[51 & 52 Vict. c. 61 s. 4.]
Inquiry by Magistrate as to libel being true, etc.
[44 & 45 Vict. c. 60 s. 1.]
DEFAMATION AND LIBEL.
of a body, board, or authority formed or constituted under the provisions of any Ordinance or of any committee appointed by any such body, board, or authority, or of any meeting of any commissioners authorised to act by Letters Patent, Act of Parliament, Ordinance, warrant under the Royal Sign Manual, or other lawful warrant or authority, select committees of the Legislative Council, and Justices of the Peace in licensing sessions assembled, and the publication, at the request of any Government office or department or of the Captain Superintendent of Police, of any notice or report issued by them or him for the information of the public, shall be privileged, unless it is proved that such report or publication was published or made maliciously: Provided that nothing in this section shall authorise the publication of any blasphemous or indecent matter: Provided, also, that the protection intended to be afforded by this section shall not be available as a defence in any proceedings if it is proved that the defendant has been requested to insert in the newspaper in which the report or other publication complained of appeared a reasonable letter or statement by way of contradiction or explanation of such report or other publication, and has refused or neglected to insert the same: Provided, further, that nothing in this section shall be deemed or construed to limit or abridge any privilege now by law existing or to protect the publication of any matter not of public concern and the publication of which is not for the public benefit.
(2) For the purposes of this section, "public meeting" means any meeting bonâ fide and lawfully held for a lawful purpose, and for the furtherance or discussion of any matter of public concern, whether the admission thereto is general or restricted.
16. A Magistrate, on the hearing of a charge against a proprietor, publisher, or editor, or any person responsible for the publication of a newspaper, for a libel published therein, may receive evidence as to the matters charged in the libel being true, and as to the report being fair and accurate and published without malice, and as to the publication being for the public benefit, and as to any matter which, under this or any other Ordinance or otherwise, might be given in evidence by way of defence by the person charged on his trial on information, and if the Magistrate is of opinion that there is a strong or probable presumption that the jury on the trial would acquit the person charged he may dismiss the case.
* As amended by No. 62 of 1911 and No. 63 of 1911.
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370
No. 1 of 1887.
meeting and
of certain bodies and persons.
[51 & 52 Vict. c. 61 s. 4.]
Inquiry by Magistrate as to libel being true, etc.
[44 & 45 Vict. c. 60 s. 1.]
DEFAMATION AND LIBEL.
of a body, board, or authority formed or constituted under the provisions of any Ordinance or of any committee appointed by any such body, board, or authority, or of any meeting of any commis- sioners authorised to act by Letters Patent, Act of Parliament, Ordinance, warrant under the Royal Sign Manual, or other lawful warrant or authority, select committees of the Legislative Council, and Justices of the Peace in licensing sessions assembled, and the publication, at the request of any Government office or department or of the Captain Superintendent of Police, of any notice or report issued by them or him for the information of the public, shall be privileged, unless it is proved that such report or publication was published or made maliciously: Provided that nothing in this section shall authorise the publication of any blasphemous or in- decent matter: Provided, also, that the protection intended to be afforded by this section shall not be available as a defence in any proceedings if it is proved that the defendant has been requested to insert in the newspaper in which the report or other publication complained of appeared a reasonable letter or statement by way of contradication or explanation of such report or other publication, and has refused or neglected to insert the same: Provided, further, that nothing in this section shall be deemed or construed to limit or abridge any privilege now by law existing or to protect the publication of any matter not of public concern and the publication of which is not for the public 1nefit.
(2) For the purposes of this section, "public meeting" means any meeting bonâ fide and lawfully held for a lawful purpose, and for the furtherance or discussion of any matter of public concern, whether the admission thereto is general or restricted.
16. A Magistrate, on the hearing of a charge against a proprietor, publisher, or editor, or any person responsible for the publication of a newspaper, for a libel published therein, may receive evidence. as to the matters charged in the libel being true, and as to the report being fair and accurate and published without malice, and as to the publication being for the public benefit, and as to any matter which, under this or any other Ordinance or otherwise, might be given in evidence by way of defence by the person charged on his trial on information, and if the Magistrate is of opinion that there is a strong or probable presumption that the jury on the trial would acquit the person charged he may dismiss the case.
* As amended by No. 62 of 1911 and No. 63 of 1911.
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