1950_DEFAMATION_AND_LIBEL_ORDINANCE — Page 2

CAP. 21]

[s. 4 cont.]

Publishing libel known to be false. 6 & 7 Vict.

c. 96, s. 4.

Publishing defamatory

libel.

6 & 7 Vict. c. 96, s. 5.

Trial of information

for

defamatory

libel.

6 & 7 Vict.

c. 96, s. 6.

Defamation and Libel.

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.

5. Any person who maliciously publishes any de- famatory libel, knowing the same to be false, shall be liable to imprisonment, without hard labour, for two years, and, in addition, to pay such fine as the court may award.

[6

6. Any person who maliciously publishes any defama- tory libel shall be liable to imprisonment, without hard labour, for one year, and to pay such fine as the court may award.

[7

7. (1) On the trial of any information for a defama- tory libel, the defendant having pleaded such plea as is hereinafter mentioned, the truth of the matters charged may be inquired into, but shall not amount to a defence, unless it was for the public benefit that the matters charged should be published.

(2) To entitle the defendant to give evidence of the truth of the matters charged as a defence to the information, it shall be necessary for him, in pleading to the information, to allege the truth of the matters charged in the manner now required in alleging a justification to an action of defama- tion, and further to allege that it was for the public benefit that the matters charged should be published, and the particular fact or facts by reason whereof it was for the public benefit that the matters charged should be published, to which plea the prosecutor shall be at liberty to reply generally denying the whole thereof.

(3) If after such plea the defendant is convicted on the information, it shall be competent to the court, in pronounc- ing sentence, to consider whether the guilt of the defendant is aggravated or mitigated by the plea and by the evidence given to prove or to disprove the same: Provided that the truth of the matters charged in the alleged libel complained of by the information shall in no case be inquired into with- out such plea of justification: Provided, also, that in addi- tion to such plea it shall be competent to the defendant to plead a plea of not guilty: Provided, further, that nothing

408