DEFAMATION AND LIBEL.
No. 1 of 1887.
263
evidence, in
of damages defamation, of apology. 6 & 7 Vict.
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.
c. 96, s. 1.
defendant in action for
c 96, s. 2.
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; 8 & 9 Vict. c. 75, s. 2.
[s. 5, rep. Law Revision Ordinance, 1937.]
6. Every person who maliciously publishes any defamatory libel, knowing the same to be false, shall be liable to imprisonment, without hard labour, for any term not exceeding two years, and, in addition, to pay such fine as the court may award.
6 & 7 Vict. c. 96, s. 4.
7. Every person who maliciously publishes any defamatory libel shall be liable to imprisonment, without hard labour, for any term not exceeding one year, and to pay such fine as the court may award.
6 & 7 Vict. c. 96, s. 5.
8.—(1) On the trial of any information for a defamatory libel, the defendant having pleaded such plea as is hereinafter
DEFAMATION AND LIBEL.
No. 1 of 1887.
263
evidence, in
of damages defamation, of apology. 6 & 7 Vict.
in action for
3. In any action for defamation it shall be competent to Admissi the defendant (after notice in writing of his intention to do bility in so duly given to the plaintiff within a reasonable time before mitigation 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.
c. 96, s. 1.
defendant in action for
c 96, s. 2.
4. In an action for a libel contained in any public news- Bight of paper it shall be competent to the defendant to set up as a defence that the libel was inserted in the newspaper without libel to plead actual malice and without gross negligence, and that before ma the commencement of the action, or at the earliest opportunity and apology. malice, etc. afterwards, he inserted in the newspaper a full apology for 6 & 7 Vict. the libel, or if the newspaper in which the libel appeared is 8 & 9 Vict. ordinarily published at intervals exceeding one week, had offered c. 75, s. 2. 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.
[s. 5, rep. Law Revision Ordinance, 1937.]
libel known
6. Every person who maliciously publishes any defamatory Publishing libel, knowing the same to be false, shall be liable to imprison- to be false. ment, without hard labour, for any term not exceeding two 6 & 7 Vict. years, and, in addition, to pay such fine as the court may c. 96, 8. 4.
award.
libel.
7. Every person who maliciously publishes any defamatory Pablishing libel shall be liable to imprisonment, without hard labour, for defamatory any term not exceeding one year, and to pay such fine as the 6 & 7 Vict. court may award.
c. 96, s. 5.
8.—(1) On the trial of any information for a defamatory Trial of libel, the defendant having pleaded such plea as is hereinafter information
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