BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
[New search]
[Help]
LAW AND LIBEL AMENDMENT ACT 1888
LAW AND LIBEL AMENDMENT ACT 1888 - LONG TITLE
An Act to amend the Law of Libel.
[24th December 1888]
Preamble rep. by SLR 1908
LAW AND LIBEL AMENDMENT ACT 1888 - SECT 1
Interpretation.
1. In the construction of this Act the word "newspaper" shall have
the same meaning as in the Newspaper Libel and Registration Act,
1881.
S.2 rep. by SLR 1908
LAW AND LIBEL AMENDMENT ACT 1888 - SECT 3
Newspaper reports of proceedings in court privileged.
3. A fair and accurate report in any newspaper of proceedings
publicly heard before any court exercising judicial authority shall,
if published contemporaneously with such proceedings, be privileged:
Provided that nothing in this section shall authorise the publication
of any blasphemous or indecent matter.
LAW AND LIBEL AMENDMENT ACT 1888 - SECT 4
Newspaper reports of proceedings of public meetings and of certain
bodies and persons privileged.
4. A fair and accurate report published in any newspaper of the
proceedings of a public meeting, or (except where neither the public
nor any newspaper reporter is admitted) of any meeting of a vestry,
town council, school board, board of guardians, board or local
authority formed or constituted under the provisions of any Act of
Parliament or of any committee appointed by any of the
above-mentioned bodies, or of any meeting of any commissioners
authorised to act by letters patent, Act of Parliament warrant under
the Royal Sign Manual, or other lawful warrant or authority, select
committees of either House of Parliament, justices of the peace, in
quarter sessions assembled for administrative or deliberative purposes,
and the publication at the request of any Government office or
department, officer of state, commissioner of police, or chief
constable of any notice or report issued by them for the
information of the public shall be privileged, unless it shall be
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 shall be
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 contained 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.
For the purposes of this section "public meeting" shall mean any
meeting bona8 fide and lawfully held for a lawful purpose, and for
the furtherance or discussion of any matter of public concern,
whether the admission thereto be general or restricted.
LAW AND LIBEL AMENDMENT ACT 1888 - SECT 5
Consolidation of actions.
5. It shall be competent for a judge or the court, upon an
application by or on behalf of two or more defendants in actions
in respect to the same, or substantially the same, libel brought by
one and the same person, to make an order for the consolidation of
such actions, so that they shall be tried together; and after such
order has been made, and before the trial of the said actions, the
defendants in any new actions instituted in respect of the same, or
substantially the same, libel shall also be entitled to be joined
in a common action upon a joint application being made by such new
defendants and the defendants in the actions already consolidated.
In a consolidated action under this section the jury shall assess
the whole amount of the damages (if any) in one sum, but a
separate verdict shall be taken for or against each defendant in
the same way as if the actions consolidated had been tried
separately; and if the jury shall have found a verdict against the
defendant or defendants in more than one of the actions so
consolidated, they shall proceed to apportion the amount of damages
which they shall have so found between and against the said
last-mentioned defendants; and the judge at the trial, if he awards
to the plaintiff the costs of the action, shall thereupon make such
order as he shall deem just for the apportionment of such costs
between and against such defendants.
S.6 rep. by 1955 c.11 (NI) s.16(2). S.7 rep. by 1945 c.16 (NI)
s.9(3) sch.2
LAW AND LIBEL AMENDMENT ACT 1888 - SECT 8
Order of Judge required for prosecution of newspaper proprietor, &c.
8. . . . no criminal prosecution shall be commenced against any
proprietor, publisher, editor, or any person responsible for the
publication of a newspaper for any libel published therein without
the order of a Judge at Chambers being first had and obtained.
Such application shall be made on notice to the person accused, who
shall have an opportunity of being heard against such application.
LAW AND LIBEL AMENDMENT ACT 1888 - SECT 9
Person proceeded against criminally a competent witness.
9. Every person charged with the offence of libel before any court
of criminal jurisdiction, and the husband or wife of the person so
charged, shall be competent, but not compellable, witnesses on every
hearing at every stage of such charge.
LAW AND LIBEL AMENDMENT ACT 1888 - SECT 11
Short title.
11. This Act may be cited as the Law of Libel Amendment Act,
1888.
BAILII:
Copyright Policy |
Disclaimers |
Privacy Policy |
Feedback |
Donate to BAILII
URL: http://www.bailii.org/nie/legis/num_act/lalaa1888185.txt
