Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697632356071.pdf (Antigua and Barbuda)
LAWS OF ANTIGUA AND BARBUDA Libel and Slander (CAP.

248 1 CHAPTER 248 T H E LIBEL AND SLANDER A C T Arrangement of Sections Section Short title.

Offer of apology admissible in evidence in mitigation of damages.

In an action against a newspaper for libel, the defend- ant may plead that it was inserted without malice and without neglect, and may pay money into Court as amends.
Publishing or threatening to publish a libel, or propos- ing to abstain from publishing anything, with intent to extort money, punishable by imprisonment and hard labour.

False defamatory libel punishable by imprisonment and fine.

Defamatory libel punishable by imprisonment and fine.

Proceedings upon the trial of an indictment or informa- tion for a .defamatory libel.

Evidence to rebut prima facie case of publication by an agent.

Costs in prosecutions by private prosecutors.

Slander of women.
Slander of women.

False defamatory statements.

LAWS OF ANTIGUA AND BARBUDA Libel and Slander (CAP.

248 3 LIBEL AND SLANDER (2nd June, 1876.)

1.

This Act may be cited as the Libel and Slander Act.

Short title.

2.
In any action for defamation it shall be lawful for offer of a p o l o u admissible in the defendant (after notice in writing of his intention to do e,;dence so, duly given to the plaintiff at the time of filing or deliver- mitigation of ing the plea in such action) to give in evidence, in mitiga- tion 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 shall have been commenced before there was an opportunity of making or offering such apology.
damages.

in 3.
In any action for a libel contained in any public In an action against a newspaper, or other periodical publication, it shall be newspaper for competent for the defendant to plead that such libel was ~ ~ ; ~ ~ , h ; t may inserted in such newspaper, or other periodical publication, plead that it was without actual malice and without gross negligence, and that, ~J~~~~~~~~~~ before the commencement of the action, or at the earliest ,ithout neglect, opportunity afterwards, he inserted in such newspaper, or and may Pay other periodical publication, a full apology for the said libel, court as amends.
or, if the newspaper, or periodical publication, in which the said libel appeared, should be ordinarily published at inter- vals exceedin4 one week, had offered to publish the said apology in any newspaper, or periodical publication, to be selected by the plaintiff in such action; and every such defend- ant shall, upon filing such plea, be at liberty to pay into Court a sum of money by way of amends for the injury sus- tained by the publication of such libel, and such payment into Court shall be of the same effect.
and be available in the same manner and to the same extent.

and be subiect to the same rules and regulations as shall be, for the time being, in force in the High Court with reference to payment of money into Court in civil suits.

money into - 4 CAP.

248) Libel and Slander LAWS OF ANTIGUA AND BARBUDA 4.
Publishing or If any person shall publish, or threaten to publish, threatening to any libel upon any other person, or shall directly or indirectly publish a libel, Or proposing to threaten to print or publish, or shall directly or indirectly abstain from propose to abstain from printing or publishing, or shall publishing anything,-with directly or indirectly offkr to prevent the printing or intent to extort publishing of any matter or thing touching any other person, money, punishable by with intent to extort any money or security for money, or imprisonment and hard labour.
any valuable thing from such or any other person, or with intent to induce any person to confer or procure for any person any appointment or office of profit or trust, every such offender shall be liable to be imprisoned for any term not exceeding three years, with or without hard labour: Provided that nothing herein contained shall in any manner alter or affect any law now in force in respect of the sending or delivery of threatening letters or writings.

5.
5.

False defamatory If any person shall maliciously publish any libel punishable by imprisonment defamatory libel, knowing the same to be false, every such person shall be liable to be imprisoned for any term not and fine.

exceeding two years, and to pay such fine as the Court shall award.

Defamatory libel punishable by imprisonment and fine.

6.
6.

If any person shall maliciously publish any defamatory libel, every such person shall be liable to fine or imprisonment, or both, as the Court may award; such imprisonment not to exceed one year.

7.

O n the trial of any indictment or information for Proceedings upon the trial of an a defamatory libel, the defendant, having pleaded such plea indictment or information for a as hereinafter mentioned, the truth of the matters charged defamatory libel.
may be inquired into, but shall not amount to a defence, unless it was for the public benefit that the said matters charged should be published; and, to entitle the defendant to give evidence of the truth of such matters charged as a defence to such indictment or information, it shall be necessary for the defendant, in pleading to the said indict- ment or information, to allege the truth of the said matters charged in the manner now required in pleading a justifica- tion to an action of defamation, and further to allege that it was for the public benefit that the said matters charged should be published, and the particular fact or facts by reason whereof it was for the public benefit that the said matters charged should be published, to which plea the prosecutor LAWS OF ANTIGUA AND BARBUDA Libel and Slander (CAP.
248 5 shall be at liberty to reply generally, denying the whole thereof; and if, after such plea, the defendant shall be con- victed on such indictment, it shall be competent to the Court, in pronouncing sentence, to consider whether the guilt of the defendant is aggravated or mitigated by the said 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 such indictment or informa- tion shall in no case be enquired into without such plea of justification: Provided also that, in addition to such plea, it shall be competent to the defendant to plead a plea of not guilty: Provided also that nothing in this Act contained shall take away or prejudice any defence, under the plea of not guilty, which it is now competent to the defendant to make, under such plea, to any action or indictment or information for defamatory words or libel.
8.
Whensoever, upon the trial of any indictment or Evidence to information for the publication of a libel, under a plea of not guilty, evidence shall have been given, which shall publication by an establish a presumptive case of publication against the defend- agent' ant by the act of any other person by his authority, it shall be competent to such defendant to prove that such publica- tion was made without his authority, consent, or knowledge, and that the said publication did not arise from want of due care or caution on his part.
of rebut prima facie 9.
In the case of any indictment or prosecution, by ions by a private prosecutor, for the publication of any defamatory private libel, if judgment shall be given for the defendant, he shall ProSeCUtOrS- be entitled to recover from the prosecutor the costs sustained by the said defendant by reason of such indictment or information; and, upon a special plea of justification to such indictment or information, if the issue be found for the pro- secutor, he shall be entitled to recover from the defendant the costs sustained by the prosecutor by reason of such plea; such costs to be recovered by the defendant or prosecutor, respectively, to be taxed by the proper officer of the Court before which the said indictment or information is tried.
10.

Words spoken and published after the passing of Slander of this Act, which impute unchastity or adultery to any woman women.

6 CAP.

248) Libel and Slander LAWS OF ANTIGUA AND BARBUDA False defamatory statements.

or girl, shall not require special damage to render them actionable: Provided that, in any action for words spoken and made actionable by this Act, a plaintiff shall not recover more costs than damages, unless the Judge shall certify that there was reasonable ground for bringing the action.
1 .

(1) Any person who- ( a ) maliciously or recklessly publishes any defamatory statement other than a defamatory libel in relation to any other person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding five thousand dollars or to a term of imprison- ment not exceeding one year.
( b ) publishes any defamatory statement in relation to the personal character or conduct of any other person shall be guilty of an offence and shall be liable on sum- mary conviction to a fine not exceeding two thousand dollars or to a term of imprisonment not exceeding nine months.
(2) For the purposes of this section a defamatory state- ment is a statement concerning any person which exposes him to hatred, ridicule, or contempt, or which causes him to be shunned, or avoided, or which has a tendancy to injure him in his office, profession or trade.
(3) O n the trial of a case under this section the truth of the matters charged may be enquired into, but shall not amount to a defence, unless in the opinion of the court, it was for the public benefit that the said matters charged should be published.