[AS AMENDED IN COMMITTEE.] ARRANGEMENT OF CLAUSES. Clauses. PART I. As to Proceedings at Public Meetings. 1. No proprietor of newspaper shall be liable to an action or prosecution for a faithful report of the proceedings at a public meeting; and proof that it was such shall amount to a defence, if the jury shall be of opinion that it was for the public benefit such proceedings should have been published. 2. Unless he shall refuse to publish a fair reply to the libel complained of, such reply not itself involving libellous matter on any other person. PART II. As to Proceedings in Parliament. 3. No civil or criminal proceeding shall be maintainable for the publication of a fair and true report of a debate in either House of Parliament. PART III. As to Actions for Libel. 4. In actions for libel the defendant may pay money into court in discharge of the action. PART IV. As to Prosecutions for Libel. 5. To entitle a private prosecutor to send up an indictment for libel he must first go before a justice, and enter into a recognizance to prosecute and pay costs. 6. In certain cases the defendant shall be discharged from such indictment, and shall get his costs. 7. The two previous sections not to apply to an indictment for a libel published to extort. Clauses. 8. The defendant at the trial of an indictment or information for libel may be a witness. PART V. As to Pleadings in case of Libel. 9. The truth of a libel may be pleaded in a short form. 10. When so pleaded the plaintiff may get a bill of particulars of what is intended to be relied upon by the defendant. PART VI. General Provisions. 11. Act not to affect pending proceedings. 12. Act not to extend to Scotland. 13. Title of Act. WH A BILL [AS AMENDED IN COMMITTEE] ΤΟ Amend the Law of Libel. HEREAS it is expedient to amend the law of libel: Be it A.D. 1869. enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the 5 authority of the same, as follows: PART I. As to Proceedings at Public Meetings. No proprietor of newspaper shall be liable to was such 1. In any action or prosecution for an alleged libel in any an action or prosecution public newspaper, proof that the alleged libel was a true and for a faithful 10 fair report of the proceedings at a meeting lawfully assembled report of the proceedings. for a lawful purpose, open to reporters for the public newspapers, at a public and at which a reporter was present for the purpose of reporting meeting; and the proceedings of such meeting for a public newspaper, and that proof that it the report was published in such newspaper by the defendant bonâ shall amount to a defence, 15 fide without actual malice and in the ordinary course of business, shall, except in the case herein-after mentioned, amount to a jury shall be defence, in case the jury before whom the case shall come shall be that it was of opinion, of opinion that it was for the public benefit that said proceedings for the public and the matters complained of should have been published in such benefit that said proceed20 newspaper, and such proof may in all cases be given by the defen- ings should dant under the plea of not guilty "by statute." have been published. fair reply to of, such 2. In reply to such defence, the plaintiff or prosecutor may A refusal prove that the defendant declined or omitted, when required so to to publish a do, to publish in his newspaper, and in a mode as conspicuous as the libel 25 that in which the said alleged libel was published, an explanation complained or contradiction of the alleged libel, of not unreasonable length, reply not immediately after such contradiction or explanation shall have involving been furnished to the defendant by or on behalf of the plaintiff matter on or prosecutor; and such proof shall amount to an answer to such any other libellous A.D. 1869. defence, unless the defendant shall show that such explanation or contradiction contained libellous matter, and that the party person, shall tendering such explanation or contradiction refused to expunge such libellous matter on being requested so to do in writing by the defendant. amount to an answer to such defence. 5 No civil or criminal pro PART II. As to Proceedings in Parliament. 3. No action or prosecution shall be maintainable for the ceeding shall publication of any defamatory matter in any newspaper, periodical, be maintain or other publication, if such defamatory matter shall form a 10 publication portion of a true and fair report of a debate in either House of able for the of a fair and Parliament. true report of a debate in either House of Parliament. In actions for libel the defendant may pay money into court in discharge of the action. To entitle a secutor to send up an indictment for libel he must first go before a justice, and enter into a recognizance to PART III. As to Actions for Libel. 4. In actions for libel the defendant shall be at liberty to pay 15 into court a sum of money by way of amends for the injury sustained by the publication of such libel, and such payment into court shall be of the same effect, and available in the same manner and to the same extent, and shall be subject to the same rules and regulations, as payment of money into court is now available and 20 subjected to in other personal actions. PART IV. As to Prosecutions for Libel. 5. It shall not be lawful for a private prosecutor to prefer an private pro- indictment for the publication of a defamatory libel against any 25 person who shall not have been, previously to the said indictment being preferred, bound by recognizance or committed to custody to answer the charge stated in the said indictment; and no person shall be bound by recognizance or committed to custody to answer any indictment for a libel at the suit of a private prosecutor, by 30 any justice or justices of the peace, unless such prosecutor shall enter into a recognizance before him or them, and which recognizance the said justice or justices is and are hereby empowered to take, with two solvent sureties, in such sum as to the said justice or justices shall seem fit, that he will prefer an indictment, 35 and effectually prosecute the same, if it shall be thereafter found by a grand jury, and pay such costs, if any, as shall be awarded against him in such prosecution. prosecute,&c. defendant ment, and 6. In case any person against whom an indictment for a libel A.D. 1869. on a private prosecution shall be found shall appear and plead to the In certain same, and the prosecutor of such indictment shall not within one cases the whole year next after plea pleaded, or within such further time as shall be dis5 may be granted by any court before which the indictment shall be charged from pending or may come on for trial, procure the same to be tried, or such indictif upon such trial the defendant shall be acquitted, or in case the shall get his prosecutor shall procure a nolle prosequi to be entered on such costs. indictment, then in any of such cases the defendant shall be 10 discharged from all further proceedings in respect of the alleged libel charged in such indictment, and shall be entitled to receive from such prosecutor the costs sustained by him by reason of said indictment, unless, in the case of an acquittal upon a trial, the judge before whom the indictment shall have been tried shall, 15 immediately after the verdict thereon, certify on the back of the record that the prosecutor had reasonable cause for preferring such indictment; and for the recovery of his costs the defendant shall be entitled to the benefit of the recognizance entered into as aforesaid by the prosecutor, and shall have all the remedies 20 incidental thereto that may be necessary to enforce the same. any or ous sections not to apply to an indict ment for a 7. Nothing in the last two sections contained shall apply to Two previan indictment by a private prosecutor for the publication of defamatory libel published with intent to extort any money security for money or any valuable thing from such private pro 25 secutor or any other person, or with intent to induce such private prosecutor or any other person to confer or procure for any person any appointment or office of profit or trust. libel pub lished to extort. 8. On the trial of any indictment or information for a defama- Defendant at tory libel the defendant shall be competent to give evidence on his trial of in 30 or her behalf. dictment or information for libel may be a witness. PART V. As to Pleadings in case of Libel. The truth 9. In all cases, civil or criminal, where a defendant is or shall be of a libel allowed to plead the truth of the matters charged in the defamatory may be 35 libel as a justification or defence, or part of a defence, it shall pleaded in a be sufficient for the defendant to plead that the said alleged libel short form. is true in substance and matter of fact, either alone or with such other averments as is now or may hereafter be by law required to be added to constitute a defence to any proceedings, civil or |