Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697742833429.pdf (Guyana)
.,.;.

ORDINANCE No.

17 of 1959.

DEFAMATION ORDINANCE, 1959.

I assent.

bWhb�;� Officer Administering the Government.- "'-"• August, 1959.

BRITISH GUIANA.

Arrangement of Sections.

Section oflicial, affecting of title and other injurious o[ women and girls.

or business falsehood.

professional reputation.

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

1].

12.

13.

14.

Short title.

Interpretation.

Brnadcast statements.

Slander Slander Slander Justification.

Fair comment.
Fair comment.

Evidence Evidence Special pica in action Unintentional Newspaper reports reports Newspaper defamation.

of apolo�y in miti;;ation of other prncccclings of damages.

in mitigation for libel in newspaper.

of damages.

of judicial of proceedings proceedings of public privileged.

meetings privileged.

No.

17] THE LAWS OF BRITISH GUIANA (A.D. 1959 2 Section.

on privilege at elections.

for indemnity.

of actions.

15.Limitation 16.Agreements 17.Consolidation of certain 18.Extension affected.
19.Proceedings 20.Repeal.

AN ORDINANCE Enacted 1.This Ordinance to consolidate by the Legislature and amend the law of Slander Guiana:- of British and Libel.

may be cited as the Defamation Ordinance, defences to broadcasting.

A.D. 1959.

Short title.

1959.

T nterpretallon.

Cap.

132.
2.In this Ordinance "broadcasting unless the context by means of wireless reception telegraphy" means telegraphy by means of wireless publica­ otherwise requires- of the Post and Telegraph by means of wireless telegraphy" Ordinance and shall be con­ the meaning tion for general within "broadcast strued "Court" "newspaper" accordingly; means the Supreme Court; means any paper containing or any remarks news, intelli­ therein or observations public the publication gence or occurrences, British for sale, and published in printed or in parts er numbers at intervals days between numbers.
Also any paper and made public weekly or oftener, days containing ceeding tisements; to pictures, signifying "words" shall be construed gestures visual meaning.

thirty-six images, Guiana periodically thirty-six parts or not exceeding of any two such papers, printed in order to be dispersed, or at intervals only or principally not ex­ adver­ a reference as including and other methods of Droat.lcast statcmcnls.
3.For the purposes of the law of libel and slander, the broad­ of words by means of wireless telegraphy shall be treated as casting publication in permanent form.

Slander aITecl­ rng oilicial, professional or business 1e­ putation, in any office, profession, calling, trade 4.In any action for slander in respect of words calculated parage the plaintiff held or carried to allege necessary are spoken of the plaintiff -trade or business.

5.
5.

(1) In an action for slander on by him at the time of the publication, whether damage, in the way of his office, or not the words profession, or prove special calling, falsehood, it shall not be necessary of title, slander to allege of goods or other or prove special to dis­ or business it shall not be Slander of title and other injurious falsehood.
malicious damage- (a) damage to the plain­ to cause pecuniary in writing if the words upon which the action is founded are calculated tiff and are published form; or if Lhe said words arc calculated damage to the plaintiff on calling, fession, by him at the time of the publication.

in respect trade or business to cause pecuniary of any office, pro­ held or carried or other permanent Cr' A.D. 1959] DEF Ji MAT/ON [No.
17 (2)Section 3 of this Ordinance as it applies for the purposes shall apply for the �urposes of the law of libel and of this section slander.

6.

Words spoken and published which impute unchastity or to any woman or girl shall not require special damage to render of Slander women and �irl!.

adultery them actionable: Provided always, actionable by this section, unless damages, for bringing the action.
that in any action a plaintiff for words spoken and made more costs than that there was reasonable shall not recover ground the judge certifies 7.

In any action two or more distinct of words con- the plaintiff, of a defence shall not fail by reason only that the truth of every charge !n­ taining justification is not proved if the words not proved to be trne clo not materially ,iure the plaintiff's ing charges.
for libel or slander charges reputation having regard to the truth of the remam­ in respect against Justification.

Fair cornmeal.

8.

In any action for libel or slander of allegations of fair comment shall not fail by reason partly consisting opinion, a defence truth of every allegation is fair comment having regard to such of the facts alleged to in the words complained 9.

In any action only that the of fact is not proved if the expression for libel or slander of words of of as are proved.
in respect of fact and partly of expression of opinion or referred of his intention or delivering of damages for the libel or slander notice in writing the time of filing dence in mitigation the plaintiff or as soon afterwards action, the action has been commenced the.

apology.
apology.

making or offering to do so, duly given the plea in that action), that he made or offered an apology the commencement before as he had an opportunity (after the defendant, of Evidence apology in to the plaintiff at m itiuation of d:un'ages.

may give in evi­ to of the of doing so, if of before there was an opportunity for libel or slander 10.
In any action in mitigation or ha� broug:1t evidence damages, spect of the publication which the action is founded, pensation of damages that the plaintiff acti·:ms for damages, of words to the same effect or agreed of has recovered in re­ Evidence other proceed­ ings in miti­ gation of damages.

as the words on to receive for libel or slander or has received in respect of any such publication.

may give the defendant com­ for libel contained 11.
(1) In any action may plead that the iibel was inserted gross negligence, or at the earliest a full apology of the action in the newspaper in which the said libel appeared defendant out actual malice and without commencement he inserted newspaper intervals newspaper had offered by the plaintiff in any newspaper, the in that newspaper with­ and that, before the opportunity afterwards for the said libel, or, if the at is ordinarily published in any the apology exceeding one week, at the same time making a payment sustained amends for the injury every plea so filed without deemed a nullity and may be so treated in the action to publish in the action.
may file any such plea without of money into Court by way of and of the libel, by the publication payment of money into Court shall be by the plaintiff in the action.

to be selected (2)No defendant plea Special iq action for Jiuel in news­ paper.

No.

l 71 [A.D. 1959 4 Unintentional rlefamntion.

12.
(I) A person wiio has published words alk.-ge,l 10 be defama­ tory of another oy him innocently J.mends <.\J:c'er person 1my, if he claims th:1t the word� were published in rctatiun to that other person, rn;;k,, .,n offer of case- and in any :-.uch fhts section; by the party r,ggrievecl (a)if the offer is accepted is duly performed, shall be takcll slander the person making the offer in respect against publication any cause of action against any other jointly no proceedings or continued of the prejudice for libel or by that party for that publication); to per�on responsible in question (but without nnd against provided by the pm'ly aggrieved, t by this section.
it by him for in any proceedings (b)if the offer is not accepted then, except as otherwise shall be a defence, libel or slander in respect that the words complained to the plaintiff defendant that the offer was made as soon as practicable received the defendant might be defamatory been withdrawn.
to prove in question, by the and after notice that they were or and has not of the publication of the plaintiff, innocently the person making the offer of were published in relation (2)An offer of amends under this section must be expresst'd to be made for the purposes specifying hy an affidavit it to show that the words in question to the party aggrieved; in relation (b) of �ubfection under paragraph than evidence behalf of facts specified of this section, and must be accompanied the facts relied upon by the person making were published and for the purposes by him innocently of a defence (1) of this section other no evidence, shall be admissible on • in the affidavit, of that person to prove that the words were so published.
to mean (3)An offer of an:ends an oJer- under this section shall be understood (::i) in any case, to publish or join in the publication a suitable and a sufficient respect correction apology of those words; of the ,vords complained to the party aggrieved of of, in (b)where copies of a document or record containing of the person making the offer, to takef the said words have been distributl.

:'d knowledge such steps as are reason:tbly persons for notifying distributed tory of the party aggrieved.
( 4)Where an offer of amends under th is section that the words are a!lc-ged to whom copies have been so on his part practicable to be defama- by or with the is acce1;tcd by the party a_<sgrieved- (a) any question as to the steps to be taken into fulfil­ ment of the offer a, m accepted agreement determined shall be final; between by the Court, \-Vhose d,:xision shali :;, default be referr::d of to and thereon the parties (b) the power of the Court to rnak(; orders ,is io cost.s A.D, 1959] DEFAMATION [No.
l 7 s of the publication the against by the party aggrieved in proceedings person making the offer in respect of the offer in question, or in proceeding\ under paragraph shall include power to order the payment by the person making the offer to the party aggric\'Cd demnity or to he incurred publication of costs on an in­ reasonably of the by that party in consequence (a) of this ,ubsection, basis and any expens..:� in question; in respect incurred and if no such proceedings application payment such proceedings, of such costs as aforesaid are taken, the Court may, upon make any such order for the as could be made in as aforesaid and expenses made by the party aggrieved, (5)For the puri�oses by one person ( of this section in this subsection word:.
shall be treated as referred to a'> the publisher) person if and only if the following published innocently conditions in relation are satisfied, tu another that is to say- (a) that the publisher did not intend that other person, to publish them of and did not know of which they might be and concerning of circumstances to refer to him; or understood defamatory on the face of (b) that the words were not did not know of circum­ by virtue them, and the publisher stances to be defamatory of that other person, by virtue of which they might be understood exercised shall be construed case that the publisher and in either tion to the publication; lisher of his who was concerned and any rdcrence as including a with the contents (b) of subsection to the public::ition he prO\'CS all reasonable in this subsection or agent to any servant of the publication.
(1) of this section by any person of words that the words were written shall not of which by the care in rela­ to the pub­ (6)Par::igraph appl y in relation he is not the author author without rcfer�ncc malice.

unless ings publicly if published 13.


A fair and :1ccurate report in any newspaper heard before any court exercising contemporaneously in this s�ction by the Judicial with such proceedings, shall authorise Proceedings that nothing judicial the publica­ (Regulation of of proceed- shall, Newspaper reporu ot' authority judicial be privileged: proceeding, privileged.

Provided tion of :my matter prohibit1.x!

Reports) Ordinance.
Reports) Ordinance.

Cap 29. report published and accurate is admitted) of ::i public meeting 14, A f:iir Lhc proceedings or (except nor any newspaper reporter board or local authority formed or constituted Letters any Order in Council, appointed of any committee the publication request at the issued or report of any notice shall be privileged, tion was published unless or made maliciousl of or Act of Parli:untn:, .

'.

·,:Enance, and by any of the abovcmentio;;,:ri ,:; ,.

;:p:1r(rner 1t of '.


:1r o•;biic of any Government by them for the inf'ormai'or in any newspaper of: Ne"-'Spaper reports of wh..:rc neither the public proceedint• of a council, of public mcetin�._ under the provisions pr1,·:1e�e�.

it shall be proved that such r?.-•·'r, r-.. ,/r,lic:1- of any meeting oodies, Patent, office y: No.

171 THE LIi WS OF RR!TISH GUJ,-'li''/[AD.


1959 ------ ------------------ -- 6 Provided intended that the protection as a defence has been requested or other publication to publish complained to bt: afforded in any proceedings by this sec­ if it shall be in the news­ of appeared, or explanation to insert or statement letter or other pub!
ication, by way of contradiction or neglected and has refused tion shall not be available proved that the defendant paper in which the report a reasonable of such report the same: Provided further to limit or abridge the publication shall be deemed or or to of any matter not or public concern and the any privilege now by law existing, in this section th,1t nothing constmecl protect pub] ication of which is not for the public benefit.
For the purposes bona fide and lawfully held of this section "public for a lawful purpose, meeting" shall mean any and for the the meeting furtherance ,1dmission or discussion be genera!

thereto or restricted.

of any matter of public concern, whether T.imit.

'.ltion on privileu e at elections.

15.


A defamatory statement published to a local government by or on behalf of a authority or to the in any election Council cancliclate Legislative occasion on the ground that it is material whether election, to vote at the election.

shall not be deemed to be published to a question on a privileged in is�ue in the or not th:.

: person by whom it is published is qualified Agreements for indemnity.

17.

Consolidation of actions.


falsehood brought consolicliition by one and the same person so that th,:-y shall of such actions, to for indemnifying civil any person against of the publication at the time of the publication of any matter shall not be that person knows that the 16.

An agreement for libel in respect unless liability unlawful matter is defamatory, to any action defence and does not r easonably brought It shall be competent upon it.
believe there is a good or substantially of t\VO or more defendants the same, libel, slander, for a judge or the Court, u:-�on an in re­ in actions slander of by or on behalf application spect of the same, title or other injurious make an order for the he tried together trial of the said actions, of the s?.me.

respect title common acti011 fendants and after such order has been made, and before the the defendants or substantially in any new actions >'lander.
or other injuriou,:; falsrhoocl, shall also be entitled to in a being rna<lc by st,ch new de­ upon a joint application the same, libel, in instituted sl:rncler of be jo:ned and the defendants action (2)1n a consolidatC'd the whole amount of the damages (if any) in one �um, but a already under this section consolidated.
the Court shall in the actions C arainst shall b-: taken for or against comoiichted the defendant so coosoliclatecl, each defend::rnt in the same and if the had been tried separately: in or defendants to which he shall have so found be­ dcfrndants; the costs of the action, as h� s1dl deem just for the apportionment the judge shalt proceed and the judge at the s,1 id la:-Hnentioned sha!!
there­ of assess separate verdict way as if the acti�111s rourt shall have found a verdict more than enc of the actions apportion tween and against the trial, upon make such order such costs bet ween r.nd against 18.

(I) Sections or matters tion to reports part of any programme shall apply in rela­ telegraphy as broadcast by means of wireless if he awards to the plaintiff 13 anci i 4 of this Ordinance the amount of t!1e damages or service provided by means of a broadcasting �.uct defendants.
of Exlension cert3in de­ r�ncc:s lO broadcasting.

Ni::.

'7] THE L✓.,;WS OF BRITISH GUIANA [A.D. !959 1 to reports within British Guiai,a, telegraphy and matters station means of wireless in relation l ications Ordinance for the words "in the newspaper -.vords in a newspaper; shall have effect, "in the manner in which".
and in relation to any broadcasting of any such report or matter, in a newspaper to section and to pub­ 14 of this and the first proviso published as they apply by in relation to any such broadcasting, in which" there were substituted as if the telegraphy actual mencement broadcast the original (2)In any action the defendant malice and without for a libel broadcast may plead that the libel was broadcast gross negligence and that before the com­ he opportunity afterwards by means of wireless without by means of wireless of the action or at the earliest telegraphy a full apology libel was broadcast in the same manner in which for the said libel.
11 of this Ordinance shall apply (3)Subsectio to any plea under subsection n (2) of section ( 4)In this section of which a licence respect Post and Telegraph Ordinance whatever of providing iorm of words) authorises is in force, the use of the station for general services granted reception.

in means any station in Council under the (by for the purpose (2) of this section.

"broadcasting by the Governor station" being a licence which Cap.
132. broadcasting 19 Thi, Ordinance ings begun after the commencement cause of action the commencement of this Ordinance.

arose, applies but does not affect any proceedings for the purposes of this Ordinance, of any proceed- whenever begun before the Procudiugs affected.

20.

( 1) The Slander (2)Section is hereby repealed.

and Libel Ordinance 20 of the Civil Law of British is hereby repealed.

Repeal.

Cr1p.

22.

Guiana Ordinance Cap.

2.

Pa,sed by 1/ie Legislative Council and fifty-nine.


hundred nineteen ''�'.-�2- Cl"k of th, L,gfrlatu,e,,-?

(M.P.

L. 94/33) (Leg.

Bill 14/1959).

Printed by the Government Prillter, of British Guiana.